Stephen Sachs

In this engaging discussion, Jonathan Gienapp, a Stanford professor and author of "Against Constitutional Originalism," joins Stephen Sachs, a Harvard Law expert on constitutional law, to challenge the concept of originalism in legal interpretation. They explore the historical development of originalism and its influence on landmark Supreme Court cases, including the Second Amendment debates. The conversation also touches on the role of popular sovereignty at the nation's founding, prompting listeners to reconsider how the Constitution is understood today.

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.

Stephen Sachs, a Harvard law professor, joins the conversation to dive into corporate jurisdiction. He discusses his insights on dormant commerce and how recent Supreme Court decisions reshape corporate law. Sachs breaks down the implications of the Mallory decision and its links to 19th-century doctrines. He also explores the Dormant Commerce Clause and potential Congressional reforms to ease interstate corporate operations. The discussion highlights the tension between corporate consent and jurisdiction, revealing the complexities corporations face today.