Federalist Society Extends Invitation to Harvard Law Professor Steven Sachs for a Discussion on Constitutional Matters
In a thought-provoking discussion at the Democratic Futures Forum, Harvard Law School's Antonin Scalia Professor of Law, Stephen Sachs, presented his argument for "Originalism Without Text." This innovative approach to constitutional interpretation suggests that originalist principles can be grounded in legal context and norms, beyond the text itself.
The panel, organized by the Holy Cross chapter of the Democratic Futures Forum, focused on what democracy means to the Holy College of the Cross faculty. President Rougeau was among the panelists, and the discussion was held the day after National Constitution Day.
During the question-and-answer session, Sachs vouched for originalist purism but also acknowledged the merit of more eclectic approaches beyond originalism. He emphasized the importance of evaluating legislative history, using the example of legislators making guns near banks illegal, to illustrate the role of other forms of constitutional interpretation such as the Living Document approach.
Sachs' paper, published in the Yale Law Journal, was the topic of discussion for the afternoon. In his paper, Sachs argues that texts aren't fundamental to originalism, and originalism isn't fundamentally about texts. He proposes that a society can be recognizably originalist without having a written constitution, written law, or any writing at all.
The U.S. Constitution serves as a foundation for American politics, influencing both state and federal legislation. However, the discussion at the Democratic Futures Forum was not related to the topic of Originalism or the Federalist Society event.
The Federalist Society, a national legal organization promoting constitutional discourse, was partnered with the event. The Holy Cross chapter can be found on MyHC, and interested individuals can join the email list by contacting its leaders.
It's important to note that the source of the image for the Democratic Futures Forum article is College of the Holy Cross, not Getty Images as in the U.S. Constitution article.
The talk in Rehm Library was not specifically mentioned in the earlier bullet points. However, it's worth noting that Sachs also mentioned that it was hard to speculate about the future of law due to political concerns and the rapid growth of AI.
In conclusion, Professor Stephen Sachs' "Originalism Without Text" offers a fresh perspective on constitutional interpretation, emphasizing the importance of original legal context and norms alongside or even beyond the text itself. This approach may help address criticisms that traditional text-centered Originalism fails to account for important original legal principles embedded in the historical and social context of the Constitution.
- The Holy Cross chapter of the Democratic Futures Forum organized a panel that focused on democracy and its meaning to the faculty of the Holy College of the Cross, largely inspired by a discussion led by Harvard Law School's Stephen Sachs about his concept of "Originalism Without Text."
- Stephen Sachs' innovative approach to constitutional interpretation was the topic of discussion in a paper published in the Yale Law Journal, where he debated that texts are not fundamental to originalism, and originalism isn't fundamentally about texts.
- The Federalist Society, a national legal organization, was partnered with the event at the Holy Cross chapter of the Democratic Futures Forum.
- In concluding the discussion on "Originalism Without Text," Professor Stephen Sachs highlighted the importance of evaluating legislative history and AI's influence on the future of law, noting that it is challenging to speculate on these matters due to political concerns and rapid technological growth.
