Original Public Meaning and Originalism
Professors Randy Barnett and Evan Bernick talked about their book, The Original Meaning of the 14th Amendment. They discussed the concept of original public meaning and originalism when analyzing the U.S. Constitution.
Description
Professors Randy Barnett and Evan Bernick talked about their book, "The Original Meaning of the 14th Amendment." They discussed the concept of original public meaning and originalism when analyzing the U.S. Constitution.
Bell Ringer Assignment
- How does Randy Barnett define "original public meaning" when analyzing the U.S. Constitution?
- How does Barnett's definition of "original public meaning" compare with his definition of "originalism?" By what process does Barnett say the meaning of the Constitution can be changed?
- Summarize what former Attorney General Edwin Meese said in the clip excerpt. From where does Barnett say Meese's "conventional wisdom came from?"
- What did Barnett mean when he said that in 1938 "enumerated rights" were the only Constitutional rights that merited judicial protection? What does Barnett say about this belief before and after the New Deal court?
- According to Barnett, what two things does the Privileges and Immunities Clause of the 14th Amendment do? How are these subject to debate?
- What issue does the Due Process Doctrine address? According to Evan Bernick, what does the Glucksburg Test weigh?
Additional Resources
Participants
Vocabulary
- 14th Amendment
- Attorney General
- Bill Of Rights
- Confirmation Hearing
- Conservative
- Constitution
- Due Process Doctrine
- Enumerated
- Griswold V. Connecticut (1965)
- Incorporation Doctrine
- Justice
- Legislation
- New Deal
- Original Public Meaning
- Originalism
- Privileges And Immunities Clause
- Prohibition
- Supermajority
- Supreme Court
- United States V. Carolene Products Company (1938)
- Washington V. Glucksberg (1997)