Debating the Constitution: On Originalism's Most Pressing Quarrels with Sherif Girgis

Debating the Constitution: On Originalism's Most Pressing Quarrels with Sherif Girgis

Here in Episode 8 of Season 5, I interview Professor Sherif Girgis. A graduate of Princeton University, the University of Oxford, and Yale Law School, Girgis is a tenured professor of law at the Notre Dame Law School and a Spring 2026 visiting professor at Harvard Law School. A former law clerk to Justice Samuel Alito and member of the American Academy of the Arts and Letters, he is co-author of two books: What is Marriage? Man, Woman, A Defense (2012), and Debating Religious Liberty and Discrimination (2017). Using some of his recent articles and speeches—such as “The Future of Originalism” (2026)—we discuss the current state of constitutional jurisprudence. As an originalist and textualist reading of the Constitution has, thanks to advocacy groups like the Federalist Society, gone from a dissenting movement to the current governing theory of the Supreme Court, new problems have arisen that go beyond what early forerunners like Robert Bork and Antonin Scalia foresaw. We also discuss other (often competing) theories like living constitutionalism and living traditionalism, whether success has undone originalism, and what the future holds for this legal movement. Hosted by Ryan Shinkel, Madison’s Notes is the podcast of Princeton University’s James Madison Program in American Ideals and Institutions. The transcript for this interview is available on our new Substack page, “Madison’s Footnotes.” Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/new-books-network

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A. G. Hopkins, "The Land Where Nothing Works: How Britain Lost the Plot" (Princeton UP, 2026)

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Gregory Smits, "The Ryukyu Islands: A New History from the Stone Age to the Present" (U Chicago Press, 2025)

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Most people only know one of the Ryukyu Islands: the island of Okinawa, home to sandy beaches and one of the U.S.’s most important bases in Asia. There are lots of myths about this island chain, which...

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Brad Tolinski and Chris Gill, "Blow by Blow: The Jeff Beck Story" (Da Capo, 2026)

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With his shag haircut and white Stratocaster guitar, Jeff Beck was an icon known and loved by millions. Yet somehow, he maintained the ineffable low profile cool of a cult hero as he glided through ...

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On “Turtling” Versus Being Primed for Possibilities

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Tissa Richards is a leadership expert, keynote speaker, and the award-winning author of No Permission Needed and Rethinking Resilience: Fueling Your Competitive Advantage. Her mission is to help bol...

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Monika Kirloskar-Steinbach, "Freedom to Know: Creating Community with Ambedkar, Du Bois, Iqbal, Ramabai and Tagore" (Edinburgh UP, 2025)

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9 Juli 55min

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