Originalism: A Debate – Should the U.S. Constitution be interpreted according to its Original Public Meaning?

5Mind. The Meme Platform
The Heritage Foundation Header

It was over three decades ago, when then-Attorney General Ed Meese initiated an important spirited national debate about the proper application of our most important governing document—the U.S. Constitution. Since then, Originalism has emerged as a serious theory of constitutional interpretation that has permeated the judiciary and the academy. Originalists believe that the Constitution and laws should be interpreted based on their actual text and original public meaning. Conversely, proponents of a “Living Constitution,” stress the need to adapt the Constitution “to cope with current problems and current needs.” These two theories will go head-to-head in a spirited debate with two well-known constitutional scholars, John Eastman and Michael Gerhardt.

Introduction

Edwin Meese lll: Ronald Reagan Distinguished Fellow Emeritus, The Heritage Foundation

Arguing the Affirmative

John Eastman: Henry Salvatori Professor of Law and Community Service, Chapman University’s Dale E. Fowler School of Law and Director, Center for Constitutional Jurisprudence, Claremont Institute

Arguing the Negative

Michael Gerhardt: Samuel Ashe Distinguished Professor in Constitutional Law, University of North Carolina School of Law

Moderator

John Malcolm: Vice President, Institute for Constitutional Government

Location

The Heritage Foundation, 214 Massachusetts Ave NE, Washington, DC 20002

Contact Your Elected Officials
The Heritage Foundation
The Heritage Foundationhttps://www.heritage.org/
The Heritage Foundation formulates and promotes public policies based on free enterprise, limited government, individual freedom, traditional values, and strong national defense.

What’s In a Name?: The Age of the Stereotype

We say we reject stereotypes yet rely on them daily, fighting prejudice while practicing new forms of it. This is the true age of the stereotype.

2025 Rear -View Awards

If hindsight is 20/20, then 2025 was a year where irony is produced by algorithms and politicians think diplomacy is a TikTok trend.

Epstein’s Redacted Files Hacked Un-redacted

Apparently, some of the redacted Jeffery Epstein files released by the Department of Justice (DOJ) can be un-redacted by a simple hack.

Twas the Night Before Trumpmas

Twas the night before Trumpmas, when all through the house, no swamp creatures were stirring, not even Swallwell, that louse.

Top Vaccine Pimp Paul Offit Ensnared in BRAZEN Lie

Top vaccine pimp Paul Offit’s claimed on CNN that he didn't receive an invitation to the CDC’s ACIP hearing on hepatitis B vaccines for infants — a lie.

Courts Cap Off Year of Major Decisions, Confrontations Over Trump Agenda

In 2025, federal courts delivered landmark rulings, yet many legal questions remain as judges face a surge of lawsuits challenging Trump policies.

Silver Tops $75 as Record-Breaking Precious Metals Run Continues

Silver surged past $75 an ounce for the first time overnight into Dec. 26, extending a powerful rally that’s made it the year’s strongest-performing precious metal.

Anticompetitive Rental Scheme: Blackstone’s LivCor Reaches Settlement With Justice Department

LivCor, one of the largest landlords in the US, has entered into a proposed consent decree with the DOJ to resolve price manipulation claims made by the DOJ.

Bringing Christmas Cheer to Americans in Disaster Recovery Zones

From toy drives to a visit from Santa, holiday cheer reaches those struggling in the Pacific Northwest after floods displaced more than 100,000 people.

Trump Credits Tariffs for Surprisingly Strong Economic Growth

Trump said that his tariffs led to a significant expansion of the U.S. economy after a federal agency released its estimates for the 3rd quarter of 2025.

Trump Unveils ‘Golden Fleet’ Initiative, New Battleship Class in His Name

President Trump unveiled plans for a new fleet of large warships, to be called “Trump-class” battleships, as part of his vision to build a “Golden Fleet.”

Trump Admin Halts Offshore Wind Projects Over National Security Concerns

Trump administration halts U.S. offshore wind construction, pausing leases on five major projects after Pentagon warns turbines could disrupt military radar.

Trump Orders Federal Spectrum Shift to Secure US Lead in Global 6G Race

Trump ordered agencies to move govt. systems off wireless frequencies, aiming to secure U.S. leadership in next-generation 6G networks.
spot_img

Related Articles

Popular Categories

MAGA Business Central