

For or Against Constitutional Originalism?: A Debate
Oct 15, 2024
Jonathan Gienapp, an associate professor at Stanford and author of "Against Constitutional Originalism," teams up with Harvard's Stephen Sachs, a noted constitutional scholar, for a spirited debate. They unpack the historical roots and assumptions behind constitutional originalism, contrasting it with the notion of a living Constitution. The conversation dives into critical cases like Fletcher v. Peck and the implications of originalism on contemporary issues, particularly regarding the Second Amendment and the evolving understanding of rights in governance.
Chapters
Transcript
Episode notes
1 2 3 4 5 6 7
Intro
00:00 • 2min
Understanding Constitutional Originalism
02:12 • 29min
Popular Constitutionalism and the Founding Era
31:01 • 13min
Modern Applications of Constitutional Originalism and the Second Amendment
43:48 • 5min
Navigating Liberty: The Role of Governance in Defining Rights
49:04 • 2min
Evaluating the Roberts Court and Originalism in the Context of the Second Amendment
51:10 • 5min
Originalism and the Second Founding
56:03 • 7min