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What did the Constitution mean at the time it was adopted? How should we interpret today the words used by the Founding Fathers? In ORIGINALISM: A QUARTER-CENTURY OF DEBATE, these questions are explained and dissected by the very people who continue to shape the legal structure of our country. Inside you'll find: *A foreword by Justice Antonin Scalia and speeches by former attorney general Edwin Meese III, Justice William Brennan, Judge Robert H. Bork, and President Ronald Reagan *Transcripts from panel discussions and debates engaging some of the brightest legal minds of our time in frank, open discussions about the original meaning of the Constitution of the United States and its impact on the rule of law in our country *A debate on the original meaning of the Commerce, Spending, and Necessary and Proper Clauses *Concluding thoughts by Theodore Olson, forty-second solicitor general of the United States and a fellow at both the American College of Trial Lawyers and the American Academy of Appellate Lawyers. ORIGINALISM: A QUARTER-CENTURY OF DEBATE is a lively and fascinating discussion of an issue that has occupied the greatest legal minds in America, and one that continues to elicit strong reactions from both those who support and those who oppose the rule of law. Steven G. Calabresi, co-founder of the Federalist Society and professor of law at Northwestern University School of Law, has compiled an impressive collection of speeches, panel discussions, and debates from some of the greatest and most prominent legal experts of the last twenty-five years.
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About the Author
Table of Contents
Introduction Professor Steven G. Calabresi 1
Foreword Justice Antonin Scalia 43
Speech by Attorney General Edwin Meese, III, before the American Bar Association 47
Speech by Justice William J. Brennan, Jr., at Georgetown University 55
Speech by Attorney General Edwin Meese, III, before the Federalist Society Lawyers Division 71
Speech by Judge Robert H. Bork at the University of San Diego Law School 83
Speech by President Ronald Reagan at the Swearing in of Chief Justice William H. Rehnquist and Justice Antonin Scalia 95
Speech by Attorney General Edwin Meese, III, at Tulane University, 1986 99
Panel on Originalism and Unenumerated Constitutional Rights Professor Suzanna Sherry Professor Walter Dellinger Professor John Harrison Professor Lino Graglia Judge Michael W. McComell Diane P. Wood 113
Panel on Originalism and Pragmatism Dean Larry Kramer Judge Frank Easterbrook Professors John O. McGinnis Michael Rappaport Professor Jeffrey Rosen Douglas H. Ginsburg 151
Panel on Originalism and Precedent Professor Steven G. Calabresi Professor Akhil Reed Amar Professor DavidStrauss Professor Thomas W. Merrill Justice Stephen J. Markman Steven G. Calabresi 199
Debate on the Original Meaning of the Commerce, Spending, and Necessary and Proper Clauses Professor Michael Stokes Paulsen Professor Randy E. Barnett Barrington D. Parker, Jr. 253
Debate on Radicals in Robes Professor Cass Sunstein Mr. Charles J. Cooper Steven G. Calabresi 287
Speech to the 2005 Federalist Society Lawyers Division Edwin Meese, III 317
Concluding Thoughts Mr. Theodore B. Olson 333
List of Contributors 337