Originalism

Details

Course Code:
LAW 7062
Units:
2
Grading:
Law Honors/Pass/Restrd Cr/Fail

Description

This two-credit seminar will explore the theory and practice of "originalism" — the idea that the Constitution should be interpreted in light of the meaning of its text to those who had authority to enact it. This is a controversial approach (as are the others) and we will read and consider critics as well as proponents, so that students can make up their own minds. The first part of the seminar will be devoted to the theory: how it works, what are its justifications, what are its flaws, the various versions. The remainder will be devoted to specific applications. Among them: executive power, speech and press, liberty under the Fourteenth Amendment, equality under the Fourteenth Amendment, gun rights, searches and seizures, and freedom of religion. The class will have some collective choice about these topics. Two students will assist in leading class discussions. Grades will be based 20% on participation and 80% on papers. Students will have the choice of one longer research paper or three shorter reflection papers. After the term begins, students accepted into the course can transfer from Section 01 into Section 02 (long research paper), which meets the R requirement, with consent of the instructor.

Future Offerings

2017-2018 Winter

Originalism LAW 7062 Section 01 Class #20464

  • 2 Units
  • Enrollment Limitations: Consent 16
  • Thu

Originalism LAW 7062 Section 02 Class #31381

  • 2 Units
  • Enrollment Limitations: Consent

Notes: R -Research Requirement for Law Degree.

  • Thu
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