Volume 80, Number 6

Commemorating The 100th Anniversary Of Farrand’s Records Of The Federal Convention

INTRODUCTION

  • Justice Antonin Scalia and the Long Game - William K. Kelley · November 2012 80 GEO. WASH. L. REV. 1601 (2012) When President Reagan nominated D.C. Circuit Judge Antonin Scalia to the Supreme Court in 1986, commentators noted that his gregarious and charming personality was an important strength of the nomination, because the new Justice could be expected to charm his way to...
    Read More

DIALOGUE

  • A Dialogue on Statutory and Constitutional Interpretation - The Honorable Antonin Scalia & John F. Manning · November 2012 80 GEO. WASH. L. REV. 1610 (2012) In recent years, the Supreme Court has placed increasing empha- sis on the meaning of the enacted text not only in statutory cases, but also in constitutional cases. One might say that this trend merely re- flects...
    Read More
  • A Dialogue with Federal Judges on the Role of History in Interpretation - Amanda L. Tyler, The Honorable Frank H. Easterbrook, The Honorable Brett M. Kavanaugh, The Honorable Charles F. Lettow, The Honorable Reena Raggi, The Honorable Jeffrey S. Sutton & The Honorable Diane P. Wood · November 2012 80 GEO. WASH. L. REV. 1889 (2012) A Discussion Held on November 4, 2011, at The George Washington University...
    Read More

ARTICLES

  • How Bad Were the Official Records of the Federal Convention? - Mary Sarah Bilder · November 2012 80 GEO. WASH. L. REV. 1620 (2012) The official records of the Constitutional Convention of 1787 have been neglected and dismissed by scholars for the last century, largely to due to Max Farrand’s criticisms of both the records and the man responsible for keeping them—Secretary of the Convention William...
    Read More
  • The Case for Original Intent - Jamal Greene · November 2012 80 GEO. WASH. L. REV. 1683 (2012) This Article seeks to situate the constitutional culture’s heavy reliance on the Convention debates within an academic environment that is generally hostile to original intent arguments. The Article argues that intentionalist-friendly sources like the Convention records and The Federalist remain important not because...
    Read More
  • A Concise Guide to the Records of the Federal Constitutional Convention of 1787 as a Source of the Original Meaning of the U.S. Constitution - Gregory E. Maggs · November 2012 80 GEO. WASH. L. REV. 1707 (2012) Judges, lawyers, scholars, and others often cite the records of the Federal Constitutional Convention of 1787 as a source of the original meaning of the Constitution. This Article provides guidance regarding this practice. The Article describes the Convention and the records of...
    Read More
  • The Role of the Philadelphia Convention in Constitutional Adjudication - John F. Manning · November 2012 80 GEO. WASH. L. REV. 1753 (2012) Max Farrand’s Records of the Federal Convention of 1787 shed light on the intricacies of the debates of the framers over the text of the Constitution. They do not, however, provide authoritative evidence of constitutional meaning. The Philadelphia Convention, after all, was...
    Read More
  • The Effect (or Non-Effect) of Founders on the Supreme Court Bench - Maeva Marcus · November 2012 80 GEO. WASH. L. REV. 1794 (2012) Eleven of the first twelve Justices to serve on the Supreme Court participated in the creation and ratification of the Constitution. Their active participation in the constitutional process shaped their perspectives of both federal law and the Constitution. Through a series of examples,...
    Read More
  • Constitutional Backdrops - Stephen E. Sachs · November 2012 80 GEO. WASH. L. REV. 1813 (2012) The Constitution is often said to leave important questions unanswered. These include, for example, the existence of a congressional contempt power or an executive removal power, the role of stare decisis, and the scope of state sovereign immunity. Bereft of clear text,...
    Read More