Originalism, the Lost Constitution, and Other Fascinating Topics

Filed under recommended reading, Randy Barnett, Volokh Conspiracy libertarian and Boston College law professor, is debating Cass Sunstein, University of Chicago law professor, on the meaning, import, and relevance of originalism and its antagonists (about which, at present, there is some dispute as to terminology). If you enjoy this sort of thing, this week promises to be a lot of fun. Already, the two days of posts at the Legal Affairs debate site provide plenty of food for thought.

I also encourage non-lawyers to check this out. The questions under consideration bear directly on both the general judicial confirmation SNAFU as well as the imminent battle over the naming and confirmation of the next associate justice of the United States Supreme Court, not to mention the next chief, a separate confirmation process if one of the current justices is tapped for the job. The discussion, at least so far, is very illuminating, quite measured, and entirely accessible for a lay audience.