Originalism on the Web: Federalist Society Symposium on Capitalism, Markets, and the ConstitutionMichael Ramsey

The Harvard Journal of Law and Public Policy, Volume 35, Number 1 (Winter 2012) is now online, principally featuring the proceedings of the Thirteenth Annual Federalist Society National Student Symposium: Capitalism, Markets and the Constitution.  These symposia always offer a wealth of originalist-oriented analysis from top scholars.  Here is the lineup (pdfs available at the HJLPP website): 

Part I. Economic Freedoms and the Constitution

Randy E. Barnett, Does the Constitution Protect Economic Liberty?

Jeffrey Rosen, Economic Freedoms and the Constitution

 Part II.  Economic Theory, Civic Virtue, and the Meaning of the Constitution

James W. Ely, Jr., The Constitution and Economic Liberty

Renee Lettow Lerner, Enlightenment Economics and the Framing of the U.S. Constitution

Nelson Lund, Judicial Independence, Judicial Virtue, and the Political Economy of the Constitution

G. Edward White, The Political Economy of the Original Constitution

 Part III.  Federalism and Interstate Competition

Jonathan Adler, Interstate Competition and the Race to the Top

Clayton P. Gillette, Fiscal Federalism as a Constraint on the States

John O. McGinnis, Federalism as a Discovery Process and a Catalyst for Humility

Louis Michael Seidman, Depoliticizing Federalism

Part IV.  The Welfare State and American Exceptionalism

 William P. Marshall, National Healthcare and American Constitutional Culture

Jeremy Rabkin, American Exceptionalism and the Healthcare Reform Debate

Neomi Rao, American Dignity and Healthcare Reform

Part V.  Economic Uncertainty and the Role of the Courts 

Paul G. Mahoney, Economic Uncertainty and the Role of the Courts

Todd Zywicki, Economic Uncertainty, The Courts, and the Rule of Law

 

A separate section offers two essays under the heading Reflections on the Law of September 11:  A Ten-Year Retrospective:

Eric A. Posner, Deference to the Executive in the United States after September 11: Congress, the Courts, and the Office of Legal Counsel

Frederick P. Hitz, U.S. Intelligence in the Wake of September 11: The Rise of the Spy Commando and Reorganized Operational Capabilities

The volume also features an essay by Michael McConnell: What Would Hamilton Do? and articles by Timothy Sandefur, In Defense of Substantive Due Process, or the Promise of Lawful Rule, and John M. Kang, In Praise of Hostility: Antiauthoritarianism as Free Speech Principle.