A Symposium on Jonathan Gienapp’s “Against Constitutional Originalism: A Historical Critique”

Professor Jonathan Gienapp (Stanford History and Law School)—a leading legal and intellectual historian of early America—has become notable in recent years for a series of methodological and historical attacks on originalism as an approach to constitutional interpretation. His new book, "Against Constitutional Originalism: A Historical Critique" (Yale University Press, 2024), consolidates and expands upon his earlier writing, arguing that “recovering Founding-Era constitutionalism on its own terms fundamentally challenges originalists’ unspoken assumptions about the U.S. Constitution.”

This conference will celebrate Gienapp’s book, allowing both opponents and proponents of originalism to come together and consider the implications of its critique. The conference will also consider the significance of Gienapp’s work for the legal history of early America and for how History and Law should interact as disciplines more broadly.