Sessions Information

  • January 6, 2024
    8:00 am - 9:40 am
    Session Type: Section Programs
    Session Capacity: N/A
    Hotel: Marriott Marquis Washington, DC
    Room: George Washington Univ. Room
    Floor: Level M1

    The Roberts Court has embarked on a constitutional revolution using history to legitimate its authority. Sometimes the Court's conservative majority employs originalism, sometimes it invokes tradition, and sometimes it ignores originalism and tradition altogether. Critics charge that many of the Court's decisions are undermining democracy and civil rights, while supporters argue that the Court is restoring the Framers' Constitution. This program will discuss how lawyers, scholars, and judges use and misuse history. Our starting points will be Jack Balkin’s Memory and Authority: The Uses of History in Constitutional Interpretation (2024) and Jonathan Gienapp’s Against Constitutional Originalism: A Historical Critique (2024).

Session Speakers
Organization: University of Virginia School of Law

Organization: Stanford Law School

Organization: Stanford University Department of History

Organization: University of New Mexico School of Law

Organization: The University of Chicago, The Law School

Session Fees
  • Law and Interpretation, Co-Sponsored by Constitutional Law and Jurisprudence - The Uses and Misuses of History: The Roberts Court and Its Constitutional Revolution Panel 1: $0.00