Is Originalism Enough? Natural Law, Public Meaning, and Constitutional Interpretation
Harvard Student Chapter
Harvard Law School
Zoom
Cambridge, MA 02138
Zoom
Cambridge, MA 02138
Founder and Director, James Wilson Institute on Natural Rights & the American Founding
Hadley Arkes joined the faculty of Amherst College in 1966. He became the Edward Ney Professor of Jurisprudence in 1987, and held that chair until he retired officially in July 2015. But he has not retired from writing and speaking. He has carried that teaching into a new phase; he has become the Founder and Director of the James Wilson Institute on Natural Rights and the American Founding in Washington, D.C. He has written eight books, mostly with Princeton and Cambridge University Presss. Among the books at Princeton have been: The Philosopher in the City (1981), First Things (1986), Beyond the Constitution (1990), and The Return of George Sutherland (1994). With Cambridge Press he has done Natural Rights and the Right to Choose (2002), and Constitutional Illusions & Anchoring Truths: The Touchstone of the Natural Law (2010). His most recent book, with Regnery Press is Mere Natural Law (2023) His articles have appeared in professional journals, but apart from his writing in more scholarly formats, he has become known to a wider audience through his writings in the Wall Street Journal, National Review, Civitas and First Things, a journal that took its name from his book of that title.
He was the main advocate, and architect, of the bill that became known as the Born-Alive Infants’ Protection Act. The account of his experience, in moving the bill through Congress, is contained as an epilogue or memoir in his book, Natural Rights & the Right to Choose. Arkes first prepared his proposal as part of the debating kit assembled for the first George Bush in 1988. The purpose of that proposal was to offer the “most modest first step” of all in legislating on abortion, and opening a conversation even with people who called themselves “pro-choice.” Professor Arkes proposed to begin simply by preserving the life of a child who survived an abortion–contrary to the holding of one federal judge, that such a child was not protected by the laws. Professor Arkes led the testimony on the bill before the Judiciary Committee of the U.S. House in July 2000, then again in July 2001. The legislative calendar was upended in the aftermath of September 11th, but in March 2002, the bill was brought to the floor of the House, where it passed unanimously. To the surprise of Professor Arkes, the bill was brought to the floor of the Senate on July 18 by the Deputy Majority Leader, Harry Reid, and passed in the same way. On August 5, President Bush signed the bill into law with Professor Arkes in attendance.
Professor Arkes was the founder, at Amherst, of the Committee for the American Founding, a group of alumni and students seeking to preserve, at Amherst, the doctrines of “natural rights” taught by the American Founders and Lincoln. That interest has been carried over now to the founding of a new center for the jurisprudence of natural law, in Washington, D.C.: the James Wilson Institute on Natural Rights and the American Founding, named for one of the premier minds among the American Founders. Professor Arkes has drawn to this project a cluster of accomplished federal judges who have wanted to get a firmer hold on the natural law, and brought them together with some gifted teachers of philosophy and law. The new institute will be sponsoring lectures and seminars in Washington and other parts of the country. The purpose of this new James Wilson Institute is to teach anew, to lawyers, judges, and students those principles of law that furnished the guide to the American Founders as they set about framing a Constitution. And the hope is to restore, to a new generation, the furnishings of mind of the men who formed this regime.
Learned Hand Professor of Law, Harvard Law School
Jack Goldsmith is the Learned Hand Professor of Law at Harvard Law School, a non-resident Senior Fellow at the American Enterprise Institute, and co-founder of Lawfare. He teaches and writes about presidential power, national security law, federal courts, conflict of laws, international law, and internet law. Before coming to Harvard, Professor Goldsmith served as Assistant Attorney General, Office of Legal Counsel from 2003-2004, and Special Counsel to the Department of Defense from 2002-2003. He was a Professor at the University of Chicago Law School from 1997-2002, and at the University of Virginia School of Law from 1994-1997. Before entering the academy, Professor Goldsmith was an associate at Covington & Burling in Washington, D.C., from 1992-1994. He clerked for Supreme Court Justice Anthony M. Kennedy from 1990-1991, for Court of Appeals Judge J. Harvie Wilkinson from 1989-1990, and for Judge George Aldrich on the Iran-U.S. Claims Tribunal from 1991-1992. Professor Goldsmith received a B.A. from Washington and Lee University, a B.A. and M.A. from Oxford University, and a J.D. from Yale Law School.
David Boies Professor of Law, Yale Law School