S. Theories of Constitutional Interpretation

Block 3 June 28 - July 19 ROOM: JGH 102A
This seminar seeks to unpack ongoing debates over competing theoretical approaches to interpretation of constitutional text and to adjudication of constitutional controversies. We will discuss whether and how constitutions present unique interpretive challenges, the ongoing debates over originalism, various theories of living and popular constitutionalism, and the distinction between categorical and proportionality analysis. Our primary but non-exclusive focus will be judicial interpretation of the U.S. Constitution. Authors will include Bruce Ackerman, Charles Black, Ronald Dworkin, John Hart Ely, Antonin Scalia, Reva Siegel, David Strauss, Robin West, and others. Grades will be based on class participation and an essay-style final exam.