University of Virginia School of Law
580 Massie Road
Charlottesville, VA 22903
580 Massie Road
Charlottesville, VA 22903
The University of Virginia School of Law Federalist Society Chapter hosted the 41st annual National Student Symposium on March 4-5, 2022. The theme of the Symposium was The Federalists vs. the Anti-Federalists: Revisiting the Founding Debates.
Visit the official Symposium website at
https://www.fedsocsymposium.org/
The Symposium focused on the debates surrounding the ratification of the Constitution to help shed light on the document’s original meaning. Many who study the Founding focus only on The Federalist Papers. Of course, the Federalists “won” in that they supported the eventually ratified Constitution. But the Anti-Federalists were the other half of the story. Their concerns framed the debate. And, although they “lost,” they are responsible for our Bill of Rights. This symposium provided an opportunity to revisit the founding debates and discuss the arguments for and against our Constitution.
The Symposium hosted six debates/panels on significant constitutional issues that we hope will generate serious discussion among students, scholars, and practitioners:
- I: Were the Founders Themselves Originalists? (Panel)
- II: The Anti-Federalists: Planting Seeds of American Populism (Panel)
- II: 21st Century Federalism: A View from the States (Roundtable)
- IV: Resolved: The Federalists Designed a Constitution of Plenary Federal Power (Debate)
- V: Modern Debates, Old Insights: The Federalists, Anti-Federalists, and Executive Power (Panel)
- VI: Banquet debate: Founders & Foes (An Exchange)
YOUNG LEGAL SCHOLARS PANEL*
*Before the National Student Symposium begins, the Federalist Society's Faculty Division hosted a panel of young legal scholars, presenting prize winning papers with comments from more senior scholars in Brown 102 at the University of Virginia School of Law. For more information, visit https://fedsoc.org/events/2022-young-legal-scholars-panel.
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3:00 p.m. - 4:45 p.m.
Pre-Symposium Panel: Young Legal Scholars
*not part of the 2022 National Student Symposium program
Brown 102
University of Virginia School of Law
580 Massie Road
Charlottesville, VA 22903
University of Virginia School of Law
580 Massie Road
Charlottesville, VA 22903
Event Video
Description
Before the National Student Symposium begins, the Federalist Society's Faculty Division will host a panel of young legal scholars, presenting prize winning papers with comments from more senior scholars in Brown 102 at the University of Virginia School of Law. All early arrivals are welcome to sit in and hear some of the exciting scholarship these young legal scholars are working on before the National Student Symposium. For more information, visit https://fedsoc.org/events/2022-young-legal-scholars-panel.
The Federalist Society's Faculty Division hosted a panel of young legal scholars before the National Student Symposium began, presenting prize winning papers with comments from more senior scholars in Brown 102 at the University of Virginia School of Law.
Featuring:
The Irrepressible Myth of Jacobson v. Massachusetts
- Prof. Josh Blackman, Professor of Law, South Texas College of Law Houston
- Commenter Prof. Julia D. Mahoney, John S. Battle Professor of Law, University of Virginia School of Law
Election Emergencies: Voting in Times of Pandemic\
- Prof. Michael T. Morley, Sheila M. McDevitt Professor, Florida State University College of Law
- Commenter Prof. Bertrall Ross, Justice Thurgood Marshall Distinguished Professor of Law, University of Virginia School of Law
Of Statutes and Spirits: Interpretation on the English High Courts, c. 1800-2020
- Jonathan Green, Law Clerk to Judge Neomi Rao, U.S. Court of Appeals for the D.C. Circuit
- Commenter Prof. Bernadette Meyler, Carl and Sheila Spaeth Professor of Law, Stanford Law School
Reconstructing Reconstruction Era Rights
- Prof. Ilan Wurman, Associate Professor, Sandra Day O'Connor College of Law at Arizona State University
- Commenter Prof. Akhil Reed Amar, Sterling Professor of Law and Political Science at Yale University
Speakers
3:30 p.m. - 7:00 p.m.
Registration
Clay Hall
University of Virginia School of Law
580 Massie RD
Charlottesville, VA 22903
University of Virginia School of Law
580 Massie RD
Charlottesville, VA 22903
5:30 p.m. - 6:45 p.m.
Welcome & Keynote Address by Governor Glenn Youngkin
2022 National Student Symposium
Caplin Auditorium
University of Virginia School of Law
580 Massie Rd
Charlottesville, VA 22903
University of Virginia School of Law
580 Massie Rd
Charlottesville, VA 22903
Event Video
Description
Featuring:
- Welcome: Jessica Mann, Symposium Chair, University of Virginia School of Law
- Opening Remarks: Dean Risa L. Goluboff, Arnold H. Leon Professor of Law, University of Virginia School of Law
- Keynote Address: Gov. Glenn Youngkin, 74th Governor of Virginia
Speakers
6:45 p.m. - 8:15 p.m.
I: Were the Founders Themselves Originalists? (Panel)
2022 National Student Symposium
| Topics: | Constitution • Founding Era & History • Philosophy |
|---|
Caplin Auditorium
University of Virginia School of Law
580 Massie Rd
Charlottesville, VA 22903
University of Virginia School of Law
580 Massie Rd
Charlottesville, VA 22903
Event Video
Description
Theories of originalism and living constitutionalism currently vie for approval in the courts. Originalists find that popular sovereignty can only come from ratification and legislation. Living constitutionalists fear binding the living by the votes of the dead. What would Jefferson, Madison, or Hamilton think of this debate? Did the founding era public expect the original public meaning to control interpretive debates? Were the American Founders themselves originalists? In a related question, the panel will also explore the usefulness of The Federalist Papers and the Anti-Federalist essays as interpretive tools for identifying the original public meaning of the Bill of Rights. Just how persuasive are the Anti-Federalist concerns considering their position was ultimately lost and the Constitution was ratified? How much did the “losing” arguments contribute to the original public meaning and what light do the founding era debates shed on the proper tools for constitutional interpretation?
Featuring:
- Moderator: The Honorable William H. Pryor, United States Court of Appeals Eleventh Circuit
- Prof. Akhil Reed Amar, Sterling Professor of Law and Political Science at Yale University
- Prof. John O. McGinnis, George C. Dix Professor in Constitutional Law, Northwestern Pritzker School of Law
Speakers
8:15 p.m. - 8:20 p.m.
Presentation of the Article I Award
2022 National Student Symposium
Caplin Auditorium
University of Virginia School of Law
580 Massie Rd
Charlottesville, VA 22903
University of Virginia School of Law
580 Massie Rd
Charlottesville, VA 22903
8:20 p.m. - 9:30 p.m.
Cocktail Reception
2022 National Student Symposium
Caplin Pavilion
University of Virginia School of Law
580 Massie Road
Charlottesville, VA 22903
University of Virginia School of Law
580 Massie Road
Charlottesville, VA 22903
8:00 a.m. - 12:30 p.m.
Registration
2022 National Student Symposium
Clay Hall
University of Virginia Law School
580 Massie Rd
Charlottesville, VA 22903
University of Virginia Law School
580 Massie Rd
Charlottesville, VA 22903
8:00 a.m. - 9:00 p.m.
Continental Breakfast
2022 National Student Symposium
Caplin Pavillion
University of Virginia School of Law
580 Massie Rd
Charlottesville, VA 22903
University of Virginia School of Law
580 Massie Rd
Charlottesville, VA 22903
9:00 a.m. - 10:45 a.m.
II: The Anti-Federalists: Planting Seeds of American Populism (Panel)
2022 National Student Symposium
| Topics: | Constitution • Federalism • Founding Era & History • Philosophy • Separation of Powers |
|---|
Caplin Auditorium
University of Virginia School of Law
580 Massie Rd
Charlottesville, VA 22903
University of Virginia School of Law
580 Massie Rd
Charlottesville, VA 22903
Event Video
Description
There is a folk wisdom that connects the American War of Independence’s “no taxation without representation” with today’s skepticism of Washington, DC and centralized power. The Anti-Federalists were a broad coalition, but most Anti-Federalists shared a dislike of a strong centralized government and believed that many small republics would best protect the individual. Some Anti-Federalists argued that without a bill of rights the Constitution would not be able to sufficiently protect the rights of individuals and the states. Even after ratification, some Founders, such as Jefferson, Mason, and Henry, maintained that the Federalists had in fact “betrayed” the “popular Revolutionary Spirit of ’76” and its desire for “general and individual liberty.” However, once the Jefferson-led Democrat-Republicans—primarily made up of and appealing to the old Anti-Federalist coalition—took office they did not seek to abolish, or significantly alter, this new form of governance. Why not? Did the Anti-Federalists plant the seeds, and prefer to nurture the growth of populism in America?
Featuring:
- Moderator: The Honorable Lisa Branch, United States Court of Appeals for the Eleventh Circuit
- Prof. Akhil Reed Amar, Sterling Professor of Law and Political Science at Yale University
- Prof. Michelle Kundmueller, Assistant Professor of Political Science, Old Dominion University
- Prof. G. Edward White, David and Mary Harrison Distinguished Professor of Law, University of Virginia School of Law
Speakers
10:45 a.m. - 11:00 a.m.
Book Signing: The Words That Made Us: America's Constitutional Conversation, 1760-1840 by Prof. Akhil Reed Amar/Break
2022 National Student Symposium
Caplin Auditorium Lobby
University of Virginia School of Law
580 Massie Rd
Charlottesville, VA 22903
University of Virginia School of Law
580 Massie Rd
Charlottesville, VA 22903
Description
Featuring:
- Prof. Akhil Reed Amar, Sterling Professor of Law and Political Science at Yale University
Speakers
11:00 a.m. - 12:45 p.m.
III: 21st Century Federalism: A View from the States (Roundtable)
2022 National Student Symposium
| Topics: | Constitution • Federal Courts • Federalism • Founding Era & History • Philosophy • State Courts • State Governments |
|---|
Caplin Auditorium
University of Virginia School of Law
580 Massie Rd
Charlottesville, VA 22903
University of Virginia School of Law
580 Massie Rd
Charlottesville, VA 22903
Event Video
Description
This panel will center discussion on the role of the states in our constitutional order—by focusing on states’ highest courts and their role in promoting individual rights and the development of the law. The roundtable will also explore the relationship between the state and federal courts, both historical and contemporary, as well as some of the pivotal moments that produced our modern balance of power. The speakers will also suggest ways that judges in each level of government, along with legislators and lawyers, might help improve the balance of power between states and the federal government.
The panelists will discuss the relationship between states and their municipalities. The question of localism was central to the Federalists’ and Anti-Federalists’ debates about the role of government. It was especially significant in respect to the competing interests of agrarian and urban citizens that motivated much ideological conflict in the period. Speakers will discuss how Anti-Federalist preferences for localism and Federalist preferences for nationalization helped produce our modern balance of governmental powers and legal culture. The roundtable will debate whether they see a return to localism soon and, if so, what implications this might have for constitutional governance.
Featuring:
- Moderator: The Honorable Neomi Rao, United States Court of Appeals for the District of Columbia Circuit
- The Honorable Goodwin H. Liu, Associate Justice, Supreme Court of California
- The Honorable Jeffrey S. Sutton, United States Court of Appeals for the Sixth Circuit
- Prof. Julia D. Mahoney, John S. Battle Professor of Law, University of Virginia School of Law
Speakers
12:45 p.m. - 2:00 p.m.
Breakout Session A: Introduction to the Lawyers Division
2022 National Student Symposium
Brown 126
University of Virginia School of Law
580 Massie Rd.
Charlottesville, VA 22903
University of Virginia School of Law
580 Massie Rd.
Charlottesville, VA 22903
Description
Featuring:
- Moderator: Ms. Lisa Ezell, Vice President & Director, Lawyers Chapters, The Federalist Society
- Chad Squitieri, Associate, Gibson, Dunn & Crutcher LLP
- Amanda Salz, Associate at Morgan, Lewis & Bockius LLP
- Jack Lund, Associate, Covington & Burling LLP
- Corinne Snow, Counsel, Vinson & Elkins LLP
Speakers
12:45 p.m. - 2:00 p.m.
Breakout Session B: Becoming an Academic
2022 National Student Symposium
Brown 128
University of Virginia School of Law
580 Massie Rd
Charlottesville, VA 22903
University of Virginia School of Law
580 Massie Rd
Charlottesville, VA 22903
Description
Featuring:
- Moderator Hon. Lee Liberman Otis, Senior Vice President & Director, Faculty Division, The Federalist Society
- Prof. Julia D. Mahoney, John S. Battle Professor of Law, University of Virginia School of Law
- Prof. Paul G. Mahoney, David and Mary Harrison Distinguished Professor of Law, Univeristy of Virginia School of Law
- Prof. Michael W. McConnell, Richard and Frances Mallery Professor and Director of the Constitutional Law Center, Stanford Law School
- Prof. John O. McGinnis, George C. Dix Professor in Constitutional Law, Northwestern Pritzker School of Law
- Prof. Christopher J. Walker, John W. Bricker Professor of Law, The Ohio State University Moritz College of Law
Speakers
12:45 p.m. - 2:00 p.m.
Lunch
2022 National Student Symposium
Caplin Pavillion
University of Virginia School of Law
580 Massie Rd.
Charlottesville, VA 22903
University of Virginia School of Law
580 Massie Rd.
Charlottesville, VA 22903
2:00 p.m. - 3:15 p.m.
IV: Resolved: The Federalists Designed a Constitution of Plenary Federal Power (Debate)
2022 National Student Symposium
| Topics: | Constitution • Federalism • Founding Era & History |
|---|
Caplin Auditorium
University of Virginia School of Law
580 Massie Road
Charlottesville, VA 22903
University of Virginia School of Law
580 Massie Road
Charlottesville, VA 22903
Event Video
Description
One of the principal disagreements between the Federalists and Anti-Federalists surrounded the role of the new Constitution in relation to state authority.
Federalists argued that the Constitution would make the federal Constitution plenary only in certain areas while preserving the role of the states. The Anti-Federalists feared that the federal Constitution would result in a nationalized government where states would play no role and the federal government would overwhelm any semblance of state authority. Panelists will debate what the Federalists meant when they argued for a plenary, but limited federal Constitution, the different views they held, and whether the Federalists or Anti-Federalists were correct.
Featuring:
- Moderator: Honorable Trevor N. McFadden, United States District Court for the District of Columbia
- Prof. John Mikhail, Carroll Professor of Jurisprudence, Georgetown Law
- Prof. Michael W. McConnell, Richard and Frances Mallery Professor and Director of the Constitutional Law Center Stanford Law School
Speakers
3:15 p.m. - 3:30 p.m.
FedSoc Films Screening of Short Documentary
Madison and the Fight for the Constitution
Caplin Auditorium
University of Virginia School of Law
580 Massie Road
Charlottesville, VA 22903
University of Virginia School of Law
580 Massie Road
Charlottesville, VA 22903
Description
Stay seated and join us during the break for a special screening of the new FedSoc Films short documentary: Madison and the Fight for the Constitution. Discover the story of James Madison, the Founding Father who gave us the Constitution and the Bill of Rights. Learn how he wrote a new nation into existence and unified the people behind ideals that would change the course of history in this new FedSoc Films short documentary.
3:15 p.m. - 3:30 p.m.
Break
2022 National Student Symposium
University of Virginia School of Law
580 Massie Rd
Charlottesville, VA 22903
580 Massie Rd
Charlottesville, VA 22903
3:30 p.m. - 5:15 p.m.
V: Modern Debates, Old Insights: The Federalists, Anti-Federalists, and Executive Power (Panel)
2022 National Student Symposium
| Topics: | Constitution • Federalism • Founding Era & History • Separation of Powers |
|---|
Caplin Auditorium
University of Virginia School of Law
580 Massie Rd
Charlottesville, VA 22903
University of Virginia School of Law
580 Massie Rd
Charlottesville, VA 22903
Event Video
Description
In the contemporary debates over the nature of executive power, two ideas are perennially prominent and intractably controversial: the unitary executive theory and nondelegation doctrine. While many prominent lawyers and judges have advocated a unitary model of the executive, it is still controversial whether the Constitution requires that the President sit at the top of the executive pyramid. And while the Court has refused to seriously revitalize the nondelegation doctrine in recent cases, voices on and off the bench persist in calling for limits on the executive’s ability to exercise lawmaking power.
While these debates have modern salience, they actually predate the Constitution. Which provokes the question: what did the Federalists and Anti-Federalists have to say about these topics? In what ways were their debates different from ours, and in what ways are things the same? How do their discussions shed light on our modern arguments? These questions and more will be explored by our learned panelists.
Featuring:
- Moderator: Honorable Paul B. Matey, United States Court of Appeals for the Third Circuit
- Prof. Jennifer Mascott, Assistant Professor of Law and Co-Executive Director, The C. Boyden Gray Center for the Study of the Administrative State, Anotnin Scalia Law School, George Mason University
- Prof. Julian Davis Mortenson, James G. Phillipp Professor of Law, University of Michigan Law School
- Prof. Saikrishna Prakash, James Monroe Distinguished Professor of Law—Albert Clark Tate, Jr., Professor of Law, University of Virginia School of Law
- Prof. Michael Rappaport, Hugh and Hazel Darling Foundation Professor of Law; Director, Center for the Study of Constitutional Originalism, University of San Diego School of Law
Speakers
5:15 p.m. - 6:00 p.m.
Break
2022 National Student Symposium
University of Virginia Law School
580 Massie Rd
Charlottesville, VA 22903
580 Massie Rd
Charlottesville, VA 22903
6:00 p.m. - 7:00 p.m.
Cocktail Reception
2022 National Student Symposium
Omni Charlottesville Hotel
212 Ridge McIntire Rd.
Charlottesville, VA 22903
212 Ridge McIntire Rd.
Charlottesville, VA 22903
7:00 p.m. - 7:10 p.m.
Toasting 40 Years of The Federalist Society with Professor Lillian R. BeVier
2022 National Student Symposium
Omni Charlottesville Hotel
212 Ridge McIntire Rd.
Charlottesville, VA 22903
212 Ridge McIntire Rd.
Charlottesville, VA 22903
Event Video
Description
On March 4-5, 2022, the Federalist Society's student chapter at the University of Virginia School of Law hosted the 2022 National Student Symposium. At the symposium's conclusion, Jessica Mann and Prof. Lilian R. BeVier led a toast celebrating the Federalist Society's 40th year.
Featuring:
- Jessica Mann, Symposium Chair, University of Virginia School of Law
- Prof. Lillian R. BeVier, University of Virginia School of Law
Speakers
7:15 p.m. - 7:30 p.m.
Presentation of the Fifth Annual Joseph Story Award
2022 National Student Symposium
Omni Charlottesville Hotel
212 Ridge McIntire Rd.
Charlottesville, VA 22903
212 Ridge McIntire Rd.
Charlottesville, VA 22903
Event Video
Description
On March 4-5, 2022, the Federalist Society's student chapter at the University of Virginia School of Law hosted the 2022 National Student Symposium.
The Joseph Story Award is named for Joseph Story, who was appointed to the Supreme Court at the age of 32, served as the first Dane Professor of Law at Harvard, and wrote the Commentaries on the Constitution of the United States. It is the successor to the Paul M. Bator Award.
Starting in 2018, the Joseph Story Award is given annually to a young academic (tenure-track for 10 years or less or 40 years of age or fewer) who has demonstrated excellence in legal scholarship, a commitment to teaching, a concern for students, and who has made a significant public impact in a manner that advances the rule of law in a free society. This year, the award was presented to Professor Chris Walker.
Featuring:
- Chloe Zagrodsky, Story Award Chair, University of Chicago Law school
- Prof. Chris Walker, The Ohio State University Moritz College of Law
Speakers
7:20 p.m. - 10:00 p.m.
Banquet, Founders & Foes (An Exchange)
2022 National Student Symposium
| Topics: | Constitution • Founding Era & History • Philosophy |
|---|
Omni Charlottesville Hotel
212 Ridge McIntire Rd.
Charlottesville, VA 22903
212 Ridge McIntire Rd.
Charlottesville, VA 22903
Event Video
Description
Many originalists are well-versed in The Federalist Papers. They rely on these documents to better understand the original meaning of the Constitution. But to understand the original meaning of the Constitution, originalists cannot read The Federalist Papers alone. Rather originalists must look to both sides of the original debates. The Anti-Federalists are half of the story, and, when it comes to the Bill of Rights, they may be almost the whole story. The Symposium will begin with an introduction into the Anti-Federalists—who they were, why they were called “Anti-Federalists,” and why originalists should read their essays today.
Featuring:
- Judge Andrew S. Oldham, United States Court of Appeals for the Fifth Circuit
- Judge Amul R. Thapar, United States Court of Appeals for the Sixth Circuit
