Stanford University professor Jonathan Gienapp, author of the new book, Against Constitutional Originalism: A Historical Critique, is joined by Stephen Sachs of Harvard Law School to discuss Gienapp’s challenge to originalists’ unspoken assumptions about the Constitution, the history of originalism as a constitutional methodology, and its role in constitutional interpretation today. Thomas Donnelly, chief content officer at the National Constitution Center, moderates.
Video
Participants
Jonathan Gienapp is associate professor of history and law at Stanford University. He has published widely on the Constitution in American life and is the author of the prizewinning The Second Creation: Fixing the American Constitution in the Founding Era. His second book is Against Constitutional Originalism: A Historical Critique. He is a member of the Historians Council on the Constitution at the Brennan Center for Justice and has contributed to a number of historians' amicus briefs to the Supreme Court of the United States.
Stephen Sachs is the Antonin Scalia Professor of Law at Harvard Law School. He previously taught at Duke University School of Law and as a visiting professor at the University of Chicago Law School. Before entering academia, he practiced in the Washington, D.C., litigation group of Mayer Brown LLP, and he clerked for Chief Justice John G. Roberts Jr. as well as for Judge Stephen F. Williams of the U.S. Court of Appeals for the D.C. Circuit.
Thomas Donnelly is chief content officer at the National Constitution Center. Prior to joining the Center in 2016, he served as counsel at the Constitutional Accountability Center, as a Climenko Fellow and Lecturer on Law at Harvard Law School, and as a law clerk for Judge Thomas Ambro on the U.S. Court of Appeals for the Third Circuit.
Additional Resources
- Jonathan Gienapp, “Against Constitutional Originalism: A Historical Critique” (2024)
- Stephen Sachs and Will Baude, “Originalism and the Law of the Past” (Law and History Review, 2019)
- Michael Stokes Paulsen and Vasen Kesavan, “Is West Virginia Unconstitutional?” (90 Cal L. Rev. 291, 2002)
- William Baude, Jud Campbell, and Stephen Sachs, “General Law and the Fourteenth Amendment” (76 Stanford L. Rev 1185, 2024)
- Jud Campbell, “Four Views of the Nature of the Union” (47 Harvard J. Law & Public Policy 2, 2024)
- Fletcher v. Peck (1810)
- District of Columbia v. Heller (2008)
- United States v. Rahimi (2024)
Stay Connected and Learn More
- Questions or comments about the show? Email us at [email protected]
- Continue the conversation by following us on social media @ConstitutionCtr.
- Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate.
- Subscribe, rate, and review wherever you listen.
- Join us for an upcoming live program or watch recordings on YouTube.
- Support our important work.
