Ordain and Establish: Recent Episodes

The Project on Constitutional Originalism and the Catholic Intellectual Tradition

Ordain and Establish is a podcast of The Project on Constitutional Originalism and the Catholic Intellectual Tradition (CIT).

CIT promotes scholarship that explores the relationship between the Catholic intellectual tradition and American constitutionalism. That tradition is deep and rich, including philosophical and theological accounts of law and politics by such figures as St. Augustine and St. Thomas Aquinas.

CIT’s primary focus is on theories of constitutional law, such as originalism, although it covers the relevance of the Catholic intellectual tradition for constitutional history, doctrine, and other fields of study.

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Introduction by Yuval Levin

Moderator: Derek Webb

Panelists:

  • Stephanie Barclay
  • Charles Barzun
  • Marc DeGirolami

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Speakers:

Bradley Watson

  • Associate Professor of Government, Hillsdale College

Kevin C. Walsh

  • Knights of Columbus Professor of Law and the Catholic Tradition, The Catholic University of America, Columbus School of Law

Moderator:

Matthew Mehan

  • Associate Dean and Assistant Professor of Government, Graduate School of Government, Hillsdale College

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with Justice Brett Kavanaugh and J. Joel Alicea

From our 4.9.26 Conference, "Endowed by Their Creator: Catholicism, the Declaration of Independence, and the American Experiment at 250"

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Featuring: Ryan T. Anderson, Ken Grasso, Russell Hittinger; Moderated by Sarah Gustafson

From our 4.9.26 Conference, Endowed by Their Creator: Catholicism, the Declaration of Independence, and the American Experiment at 250

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Featuring Charles Capps, Judge Kathryn Kimball Mizelle, Kevin Walsh; moderated by J. Joel Alicea

From our 4.9.26 Conference, Endowed by Their Creator: Catholicism, the Declaration of Independence, and the American Experiment at 250

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Keynote Fireside Chat with Robert George moderated by Brandon F. McGinley

From our 4.9.26 Conference, Endowed by Their Creator: Catholicism, the Declaration of Independence, and the American Experiment at 250

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Panelists: V. Bradley Lewis, V. Phillip Munoz, D.C. Schindler | Moderator: Michael Promisel

From our 4.9.26 Conference, Endowed by Their Creator: Catholicism, the Declaration of Independence, and the American Experiment at 250

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Secretary of State Marco Rubio delivers virtual address at CIT’s Conference, Endowed by Their Creator: Catholicism, the Declaration of Independence, and the American Experiment at 250

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Featuring:

Moderator:

J. Joel Alicea, St. Robert Bellarmine Professor of Law; Associate Dean for Faculty Research; and Director, the Center for the Constitution and the Catholic Intellectual Tradition

Panelists:

  • Jud Campbell, Professor of Law, Stanford Law
  • A.J. Bellia, O'Toole Professor of Constitutional Law Concurrent Professor of Political Science, University of Notre Dame

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Featuring:

  • Aditya Bamzai, Professor of Law, University of Virginia School of Law

  • Renée Lettow Lerner, Donald Phillip Rothschild Research Professor of Law, George Washington

Moderator:

  • Derek Webb, Assistant Professor of Law, The Catholic University of America, Columbus School of Law, Fellow, CIT

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Featuring:

  • John Langbein, Sterling Professor Emeritus of Law and Legal History, Yale Law School

  • Thomas McSweeney, Professor of Law, William & Mary Law School

  • William M. M. Kamin, Assistant Professor of Law and Managing Director, CIT, The Catholic University of America, Columbus School of Law

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Featuring:

  • Bradley A. Smith, Josiah H. Blackmore II/Shirley M. Nault Professor of Law, Capital University Law School

  • Jud Campbell, Professor of Law, Helen L. Crocker Faculty Scholar, Stanford Law School

  • Michael T. Morley, Sheila M. McDevitt Professor of Law, Florida State University College of Law

  • Haley Proctor, Associate Professor of Law, Notre Dame Law School

  • Lawrence Lessig, Roy L. Furman Professor of Law and Leadership, Harvard Law School

  • Stephen Sachs, Antonin Scalia Professor of Law, Harvard Law School

Moderators:

  • Adam White, Laurence H. Silberman Chair in Constitutional Governance and Senior Fellow, American Enterprise Institute

  • J. Joel Alicea, St. Robert Bellarmine Professor of Law and Director, The Catholic University of America, Columbus School of Law, and Director of the Center for the Constitution and the Catholic Intellectual Tradition

Host: American Enterprise Institute

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Featuring:

  • Reynolds Holding, Research Scholar and Editor-at-Large, Columbia University Law School

  • Kevin C. Walsh, Senior Fellow and Director of the Project on Judicial Virtues, Center for the Constitution and the Catholic Intellectual Tradition

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Featuring:

  • Chad Oldfather, Professor, Marquette University Law School

  • Kevin C. Walsh, Senior Fellow and Director of the Project on Judicial Virtues, Center for the Constitution and the Catholic Intellectual Tradition

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Featuring:

  • Judge Richard J. Sullivan, Judge, United States Court of Appeals for the Second Circuit

- Judge Stephanos Bibas, Judge, United States Court of Appeals for the Third Circuit

- William M. M. Kamin, Assistant Professor of Law and Managing Director, CIT, The Catholic University of America, Columbus School of Law

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Featuring:

Mary Ann Glendon, Learned Hand Professor of Law, Emerita, Harvard University and Former U.S. Ambassador to the Holy See

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Featuring:

  • Chad Squitieri, Assistant Professor of Law and Managing Director, CIT, The Catholic University of America, Columbus School of Law

- Michael Rappaport, Hugh and Hazel Darling Foundation Professor of Law and Director, Center for the Study of Constitutional Originalism, University of San Diego School of Law

  • Paul Larkin, The John, Barbara, and Victoria Rumpel Senior Legal Research Fellow, Edwin Meese III Center for Legal and Judicial Studies, The Heritage Foundation

Moderator:

  • Natalie Schmidt, Assistant Professor of Law and Fellow, SPI, The Catholic University of America, Columbus School of Law

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Featuring:

  • Judge Rodolfo Ruiz, Judge, United States District Court for the Southern District of Florida
  • Judge William Nardini, Judge, United States Court of Appeals for the Second Circuit
  • Judge Kyle Duncan, Judge, United States Court of Appeals for the Fifth Circuit

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Featuring:

Daniel Philpott, Professor of Political Science, University of Notre Dame

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Featuring:

  • Clarence Thomas, Associate Justice of the United States Supreme Court

  • Jennifer Mascott, Affiliated Fellow of the Center for the Constitution and the Catholic Intellectual Tradition, and Associate Professor of Law, The Catholic University of America, Columbus School of Law

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The theme of CIT's Spring 2025 Intellectual Retreat for Catholic Law Faculty and Fellow Travelers was "Aquinas on the Virtues." The lead presenters were Fr. Cajetan Cuddy, O.P. (Dominican House of Studies), and Dr. David Elliot (Grace P. Hobelman Chair in Catholic Moral Theology, CUA, School of Theology and Religious Studies).

This recording is of the seventh session, a roundtable Q&A session.

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The theme of CIT's Spring 2025 Intellectual Retreat for Catholic Law Faculty and Fellow Travelers was "Aquinas on the Virtues." The lead presenters were Fr. Cajetan Cuddy, O.P. (Dominican House of Studies), and Dr. David Elliot (Grace P. Hobelman Chair in Catholic Moral Theology, CUA, School of Theology and Religious Studies).

This recording is of the sixth session, presented by Fr. Cuddy.

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The theme of CIT's Spring 2025 Intellectual Retreat for Catholic Law Faculty and Fellow Travelers was "Aquinas on the Virtues." The lead presenters were Fr. Cajetan Cuddy, O.P. (Dominican House of Studies), and Dr. David Elliot (Grace P. Hobelman Chair in Catholic Moral Theology, CUA, School of Theology and Religious Studies).

This recording is of the fifth session, presented by Dr. Elliot.

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The theme of CIT's Spring 2025 Intellectual Retreat for Catholic Law Faculty and Fellow Travelers was "Aquinas on the Virtues." The lead presenters were Fr. Cajetan Cuddy, O.P. (Dominican House of Studies), and Dr. David Elliot (Grace P. Hobelman Chair in Catholic Moral Theology, CUA, School of Theology and Religious Studies).

This recording is of the fourth session, presented by Fr. Cuddy.

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The theme of CIT's Spring 2025 Intellectual Retreat for Catholic Law Faculty and Fellow Travelers was "Aquinas on the Virtues." The lead presenters were Fr. Cajetan Cuddy, O.P. (Dominican House of Studies), and Dr. David Elliot (Grace P. Hobelman Chair in Catholic Moral Theology, CUA, School of Theology and Religious Studies).

This recording was the third session, presented by Dr. Elliot.

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The theme of CIT's Spring 2025 Intellectual Retreat for Catholic Law Faculty and Fellow Travelers was "Aquinas on the Virtues." The lead presenters were Fr. Cajetan Cuddy, O.P. (Dominican House of Studies), and Dr. David Elliot (Grace P. Hobelman Chair in Catholic Moral Theology, CUA, School of Theology and Religious Studies).

This recording is the second session, presented by Dr. Elliot.

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The theme of CIT's Spring 2025 Intellectual Retreat for Catholic Law Faculty and Fellow Travelers was "Aquinas on the Virtues." The lead presenters were Fr. Cajetan Cuddy, O.P. (Dominican House of Studies), and Dr. David Elliot (Grace P. Hobelman Chair in Catholic Moral Theology, CUA, School of Theology and Religious Studies).

This recording is the first session, presented by Fr. Cuddy.

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Featuring:

  • Chad Squitieri, Managing Director of the Center for the Constitution and the Catholic Intellectual Tradition, and Assistant Professor of Law, The Catholic University of America Columbus School of Law

  • John Duffy, Samuel H. McCoy II Professor of Law, University of Virginia School of Law

  • Jud Campbell, Professor of Law, Helen L. Crocker Faculty Scholar, Stanford Law

Moderator:

Adam White, Senior Fellow, AEI

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Featuring:

  • J. Joel Alicea, Director of the Center for the Constitution and the Catholic Intellectual Tradition, and Associate Professor of Law, The Catholic University of America Columbus School of Law

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Featuring:

  • Stephen Sachs, Antonin Scalia Professor of Law, Harvard Law School

- William M. M. Kamin, Managing Director of the Center for the Constitution and the Catholic Intellectual Tradition, and Assistant Professor of Law, The Catholic University of America, Columbus School of Law

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Featuring:

  • J. Joel Alicea, Director of the Center for the Constitution and the Catholic Intellectual Tradition, and Associate Professor of Law, The Catholic University of America Columbus School of Law

  • Jeff Pojanowski, Biolchini Family Professor of Law, Notre Dame Law

- Margaret Martin, Associate Professor at the Faculty of Law, Western University

  • Stephen D. Smith, Warren Distinguished Professor of Law, University of San Diego Law School; Co-Executive Director, Institute for Law & Religion; Co-Executive Director, Institute for Law & Philosophy

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Featuring:

  • Joseph Bianco, Judge, United States Court of Appeals, 2nd Circuit

  • Martha Pacold, Judge, Northern District of Illinois

  • Kyle Duncan, Judge, United States Court of Appeals, Fifth Circuit

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Featuring:

  • Yuval Levin, Director of Social, Cultural, and Constitutional Studies, American Enterprise Institute

  • Jack Landman Goldsmith, Learned Hand Professor of Law, Harvard Law

  • William Kelley, Associate Professor of Law, Notre Dame Law

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Featuring:

  • Émilie Tardivel-Schick, Professor of Moral Philosophy and Religious Anthropology at the Catholic Theology Faculty, The University of Strasbourg

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Featuring:

– Brett M. Kavanaugh, Associate Justice of the United States Supreme Court

– J. Joel Alicea, Associate Professor of Law, The Catholic University of America Columbus School of Law

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Featuring:

– William M. M. Kamin, Assistant Professor of Law, The Catholic University of America Columbus School of Law

– Andrew Oldham, Judge, United States Court of Appeals for the Fifth Circuit

– Marah Stith McLeod, Associate Professor of Law, University of Notre Dame Law School

– J. Joel Alicea, Co-Director of the Project on Constitutional Originalism and the Catholic Intellectual Tradition, and Associate Professor of Law, The Catholic University of America Columbus School of Law

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Featuring:

– Jud Campbell, Professor of Law, Helen L. Crocker Faculty Scholar, Stanford Law School

– R. H. Helmholz, Ruth Wyatt Rosenon Distinguished Service Professor Emeritus of Law, The University of Chicago Law School

– J. Joel Alicea, Co-Director of the Project on Constitutional Originalism and the Catholic Intellectual Tradition, and Associate Professor of Law, The Catholic University of America Columbus School of Law

– Paul J. Ray, Director, Thomas A. Roe Institute for Economic Policy Studies

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Featuring:

– Petar Popović, Faculty of Canon Law, Pontificia Università della Santa Croce

– Kevin C. Walsh, Professor, The Catholic University of America Columbus School of Law

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Featuring:

– Jeffrey Pojanowski, Professor of Law, University of Notre Dame Law School

– Kevin M. Stack, Lee S. and Charles A. Speir Professor of Law, Vanderbilt University Law School

– J. Joel Alicea, Co-Director of the Project on Constitutional Originalism and the Catholic Intellectual Tradition, and Associate Professor of Law, The Catholic University of America Columbus School of Law

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Featuring:

– Steven D. Smith, Warren Distinguished Professor of Law, University of San Diego School of Law

– Kevin Walsh, Professor, The Catholic University of America Columbus School of Law

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Featuring:

– Daniel Dreisbach, Professor, American University Department of Justice, Law and Criminology

– Gerard Bradley, Professor of Law, University of Notre Dame Law School

– Kevin Walsh, Professor of Law, The Catholic University of America Columbus School of Law

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Featuring:

– Gregory Reichberg, Research Professor, Peace Research Institute Oslo

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Featuring:

– Emily Bremer, Professor of Law, University of Notre Dame Law School

– Eugene Scalia, Partner at Gibson, Dunn & Crutcher

– Chad Squitieri, Assistant Professor of Law, The Catholic University of America Columbus School of Law

– Gregory Katsas, Judge, United States Court of Appeals for the District of Columbia Circuit

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Featuring:

– Robert T. Miller, F. Arnold Daum Chair in Corporate Finance and Law, The University of Iowa College of Law

– Michael Moreland, University Professor of Law and Religion and Director of the Eleanor H. McCullen Center for Law, Religion, and Public Policy, Villanova University Charles Widger School of Law

– Thomas Hardiman, Judge, United States Court of Appeals for the Third Circuit

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Featuring:

– J. Joel Alicea, Nonresident Fellow, AEI

– Marc O. DeGirolami, Cary Fields Professor of Law, St. John’s University School of Law

– Steven D. Smith, Warren Distinguished Professor of Law, University of San Diego

– Thomas B. Griffith, Former Circuit Judge, US Court of Appeals for the DC Circuit

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Featuring:

– Sherif Girgis, Associate Professor of Law, University of Notre Dame

– Daniel Mark, Assistant Professor, Villanova University

– Melissa Moschella, Associate Professor, Catholic University of America

– Elizabeth Kirk, Director, Center for Law & the Human Person

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Featuring:

– Hadley Arkes, Director, James Wilson Institute

– O. Carter Snead, Professor of Law, University of Notre Dame

– Andrew T. Walker, Associate Professor of Christian Ethics and Public Theology, Southern Baptist Theological Seminary

– Ryan T. Anderson, President, Ethics & Public Policy Center

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Featuring:

– Samuel Gregg, Distinguished Fellow in Political Economy, American Institute for Economic Research

– V. Bradley Lewis, Associate Professor, Catholic University of America

– Christopher O. Tollefsen, Professor, University of South Carolina

– Christopher Wolfe, Distinguished Research Scholar, University of Dallas

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Featuring:

– Timothy P. Carney, Senior Fellow, AEI

– Eugene F. Rivers III, Founding Director, Seymour Institute for Black Church and Policy Studies

– Ryan Streeter, Executive Director for Research, Civitas Institute

– Alexandra DeSanctis, Fellow, Ethics & Public Policy Center

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Featuring:

– Mark Regnerus, Professor, University of Texas at Austin

– Ian Rowe, Senior Fellow, AEI

– W. Bradford Wilcox, Nonresident Senior Fellow, AEI

– Byron Johnson, Distinguished Professor of the Social Sciences, Baylor University

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Featuring:

– John Peter DiIulio, James N. Perry Scholar of Philosophy, Politics, and Society, University of Pennsylvania

– Yuval Levin, Director, Social, Cultural, and Constitutional Studies, AEI

– Micah Watson, Paul Henry Chair in Christianity and Politics, Calvin University

– Ramesh Ponnuru, Nonresident Senior Fellow, AEI

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Featuring:

– Ryan T. Anderson, President, Ethics & Public Policy Center

– Robert P. George, Nonresident Senior Fellow, AEI

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Featuring:

– Justice Samuel A. Alito, Associate Justice of the Supreme Court of the United States

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Featuring:

– Rabbi Dr. Meir Soloveichik, Director of the Zahava and Moshael Straus Center for Torah and Western Thought at Yeshiva University

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Featuring:

– Kyle Duncan, Judge, United States Court of Appeals for the Fifth Circuit

– Mark David Hall, Herbert Hoover Distinguished Professor of Politics, Department of History and Political Science, George Fox University

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Featuring:

– Jed W. Atkins, E. Blake Byrne Associate Professor, Trinity College of Arts and Sciences, Duke University

– Michael C. Hawley, Assistant Professor of Political Science, University of Houston

– Matthew Mehan, Associate Dean and Assistant Professor of Government, Steve and Amy Van Andel Graduate School of Government, Hillsdale College

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Featuring:

– Daniel Burns, Associate Professor, Constantin College of Liberal Arts, University of Dallas

– Paul J. Ray, Director, Thomas A. Roe Institute for Economic Policy Studies

– Chad Squitieri, Assistant Professor of Law, The Catholic University of America Columbus School of Law

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Featuring:

– Richard Sullivan, Judge, United States Court of Appeals for the Second Circuit

– Sarah Pitlyk, Judge, United States District Court for the Eastern District of Missouri

– Kyle Duncan, Judge, United States Court of Appeals for the Fifth Circuit

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Featuring:

– Kevin Walsh, Professor of Law and Catholic Tradition, The Catholic University of America Columbus School of Law

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Featuring:

– Amy Coney Barrett, Associate Justice of the Supreme Court of the United States

– Kevin Walsh, Professor of Law and Catholic Tradition, The Catholic University of America Columbus School of Law

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Featuring:

J. Budziszewski, Professor, University of Texas at Austin, College of Liberal Arts

Melissa Moschella, Associate Professor, The Catholic University of America School of Philosophy

J. Joel Alicea, Assistant Professor of Law, The Catholic University of America Columbus School of Law

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Featuring:

  • Marc O. DeGirolami, Cary Fields Professor of Law, St. John’s University School of Law

  • Kevin C. Walsh, Professor of Law, The Catholic University of America Columbus School of Law

  • Ernest A. Young, Alston & Bird Professor of Law, Duke University School of Law

Subscribe to CIT's YouTube Channel: https://www.youtube.com/channel/UCoYSs9Wx9H950yiaDdmiCzg

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For more information: https://cit.catholic.edu/

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Since the 1980s, theories of constitutional and statutory interpretation that focus on the intent of the lawmaker have been on the decline, especially among originalists. But over the last decade, there has been a revival of interest in intentionalism. Originalism, though, is really a collection of arguments about what the words could mean, what the words should mean, and what we’d like the words to mean. Have we missed something more fundamental in this debate? Intentionalism recovers something that was believed since the beginning of written laws in the Western legal tradition, that is, the law was the written instrument that was made by a lawmaker. Where that once meant the king or crown, it now means for us, the legislature.

Is the revival of intentionalism a good thing, and should scholars and jurists reconsider the role of intent in legal interpretation?

Richard Ekins’ groundbreaking work on intentionalism has played a major role in its reemergence, as has Donald Drakeman’s recent work on originalism. Tara Grove, by contrast, has been one of the foremost critics of intentionalist approaches to legal interpretation. Join us as they debate whether a superior originalism understands that the core of interpretation is discerning and applying the will of the lawmaker.

Featuring:

Donald Drakeman, Distinguished Research Professor, Center for Citizenship and Constitutional Government, University of Notre Dame

Richard Ekins, Professor of Law and Constitutional Government, St. John’s College, University of Oxford

Tara Grove, Vinson & Elkins Chair in Law, University of Texas at Austin School of Law

Location: The Heritage Foundation

Co-sponsored by: The Heritage Foundation

Transcript available here.

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Featuring:

  • Jeffrey Pojanowski, Professor of Law, Notre Dame Law School
  • Stephen E. Sachs, Antonin Scalia Professor of Law, Harvard Law School
  • Kevin C. Walsh, Professor of Law, The Catholic University of America Columbus School of Law

Transcript: https://cit.catholic.edu/sachs-pojano...

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Governance Studies at Brookings and the Project on Constitutional Originalism and the Catholic Intellectual Tradition at Catholic University will host Robert P. George and William A. Galston, thinkers with differing intellectual and political orientations, to discuss the prospects for the long-term viability of pluralist liberal societies.

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Featuring:

Gerard V. Bradley, Professor of Law, Notre Dame Law School

Michael Breidenbach, Associate Professor of History, Ave Maria University

Kyle Duncan, Judge, United States Court of Appeals for the Fifth Circuit

Location: The Catholic University of America Columbus School of Law | Room 204

Time: 12:30 p.m.

Co-sponsored by: Notre Dame’s Center for Citizenship & Constitutional Government

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Featuring:

Samuel L. Bray – Professor of Law, Notre Dame Law School

John F. Stinneford – Professor of Law, University of Florida Levin College of Law

William Kamin – Law Clerk to the Hon. Richard J. Sullivan, U.S. Court of Appeals for the Second Circuit

Transcript: https://cit.catholic.edu/bray-stinneford-transcript/

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Professors Lawrence B. Solum and Jamal Greene discuss constitutional law as it relates to natural law, judging, virtue, and the nature of law. Professor Alicea moderates the panel.

Transcript: https://cit.catholic.edu/solum-greene...

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What makes the administrative state morally legitimate in a constitutional republic?

Supporters argue that administrative law has developed its own internal morality, constraining and legitimizing administrative power. But opponents claim that the administrative state has exceeded its constitutional bounds and is a threat to the common good that needs to be reined in by Congress and the courts.

Join AEI and the Catholic University of America’s Project on Constitutional Originalism and the Catholic Intellectual Tradition for a discussion of the morality of the administrative state.

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Featuring:

Christine Chabot, Distinguished Professor in Residence, Loyola University Chicago School of Law

Trevor McFadden, Judge, United States District Court for the District of Columbia

Chad Squitieri, Assistant Professor of Law, The Catholic University of America Columbus School of Law

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Featuring:

  • Kyle Duncan, Judge, United States Court of Appeals for the Fifth Circuit
  • Paul B. Matey, Judge, United States Court of Appeals for the Third Circuit
  • Amul R. Thapar, Judge, United States Court of Appeals for the Sixth Circuit

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The First Annual Lecture on Catholic Political Thought will be delivered by Professor Russell Hittinger, who has recently joined the IHE and The Catholic University of America. The lecture is entitled “How to Inherit a Kingdom: Reflections on the Situation of Catholic Political Thought.”

This event was co-sponsored by CIT, the IHE, and the Thomistic Institute.

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Natural law theory is the talk of the town right now among conservative constitutional scholars. But how should we understand this tradition’s relationship to American constitutionalism? And is it compatible with originalism?

Originalism’s detractors, like Harvard Law School’s Adrian Vermeule, argue that the theory is morally empty and insufficient to create a just society. Originalist natural law theorists counter that originalism is based on moral claims about legitimate authority, the nature of the common good, and the particularities of the American constitutional system.

Join AEI and the Catholic University of America’s Project on Constitutional Originalism and the Catholic Intellectual Tradition for a discussion on the relationship between originalism and the natural law tradition.

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