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Jan 22, 2026
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LAW 8303 - Originalism and the Origins of the Federal Constitution Credits: 3
An intensive introduction to some of the historical sources of the Constitution. By reference to original source documents, the class considers the common law and other influences on early American government and justice, such as Locke, Montesquieu, and Blackstone’s Commentaries; the colonial experience leading to and immediately following the American Revolution; documents and debate directly relevant to formation of individual constitutional provisions and amendments; and the initial experience and understanding of the Constitution, through to Story’s Commentaries, in addition to later amendments. The class also considers the influence and use of this material on modern interpretation of the Constitution as well as discusses what sources courts consider as a historical source for interpreting the Constitution. Our goal is to orient students to Constitutional interpretive debates and provide helpful framing for how historical material is relevant to interpreting the Constitution.
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