Originalism and the Under-Tapped Power of State Constitutions in Our System of Federalism

Donald Kochan, Professor of Law and Executive Director, Law and Economics Center, Antonin Scalia Law School, George Mason University, will discuss why state constitutions were intended to be powerful tools for preserving rights and limiting powers, how they can be again but some of the reasons why they are under-tapped and how we can fix it, and why while doing so state judges retain a duty to interpret their constitutions with an originalist philosophy.

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