On Monday, Feb. 6, Professors Kurt Eggert and Lee J. Strang faced off in a robust yet collegial debate on the topic: Does Originalism Work? These two legal scholars easily filled the spacious venue in Kennedy Hall with an audience of students, faculty, and visitors keen to witness a scholarly arm-wrestle and expand their understanding of this topical issue.
Professor Strang, the John W. Stoepler Professor of Law and Values at the University of Toledo, Ohio is the author of the book Originalism’s Promise: A Natural Law Account of the American Constitution, and Fowler School of Law’s Professor Kurt Eggert, is the author of the article Originalism Isn’t What It Used to Be, recently published in the Chapman Law Review. Their debate explored whether originalism is justified and whether it can function effectively or, whether it subverts the Constitution. Each scholar took turns tackling the topic of how originalism may change the scope and power of the administrative state, and whether the Supreme Court should prevent Congress from delegating rule-making power to federal agencies through the Nondelegation Doctrine and so rein in those agencies’ power. The debate was moderated by noted legal scholar Dr. Tom Campbell, a former dean of the Fowler School of Law. Watch the full debate video below: