US State Originalism Centers Emerge as Legal Civics Education

• Originalism has gained traction among state judiciaries, but there is a lack of scholarship on state constitutions.
• State judges often struggle with historical research from primary sources, making it difficult to do their job effectively.
• Establishing centers dedicated to studying original understanding of state constitutions could provide much-needed assistance to these judges.
• The creation of civics institutes in red states has sparked a trend towards promoting viewpoint diversity and core college curricula.

State judges often lament the lack of resources available to them, as they are expected to delve into historical research from primary sources, which can be a daunting task.

In recent years, originalism has gained significant traction on the Supreme Court and among state judiciaries. This shift is largely attributed to Justice Antonin Scalia's influence, who championed the importance of understanding the Constitution in its original context. However, despite this growth, there remains a notable gap in scholarship focused on the original understanding of state constitutions. State judges often lament the lack of resources available to them, as they are expected to delve into historical research from primary sources, which can be a daunting task. This has sparked an idea: establishing centers dedicated to studying the original understanding of state constitutions could provide much-needed assistance to these judges.

The creation of civics institutes in red states has been on the rise, with many legislatures establishing departments and schools focused on American history and Western philosophy. These initiatives aim to address the perceived ideological capture of humanities departments and promote viewpoint diversity. While not a panacea for the academy's ills, these efforts are seen as a step in the right direction by those seeking to revitalize core college curricula. The establishment of state originalism centers could be viewed as a natural extension of this trend, providing a dedicated resource for judges navigating complex constitutional issues.

The potential establishment of state-level originalism centers has significant implications for the legal community. Lawyers and compliance officers should take note, as these resources could provide valuable support to judges grappling with intricate constitutional matters. By providing a dedicated hub for scholarship and research on state constitutions, these centers could help bridge the knowledge gap that currently exists. This development would be a testament to Justice Scalia's vision of originalism, which continues to shape the legal landscape in profound ways.

Lawyers and compliance officers should watch for the potential establishment of state-level originalism centers, which could provide valuable resources for judges navigating complex constitutional issues.

Source: Original reporting via Realizing Scalia’s vision: state originalism centers as legal civics education