Evan Bernick and Christopher Green on the Ontology of the Constitution

In this episode, Christopher Green, Professor of Law and H.L.A. Hart Scholar in Law and Philosophy at the University of Mississippi School of Law, and Evan D. Bernick, Law Clerk to the Honorable Diane S. Sykes of the United States Court of Appeals for the Seventh Circuit, discuss their draft article "What is the Object of the Article VI Oath?" Bernick and Green begin by describing the nature and purpose of Article VI oath. They explain that swearing an oath to "this Constitution" implies a theory of the ontology of the Constitution, with both first- and second-order components. They observe that government officials uniformly understand themselves to be swearing an oath to the "same" Constitution as the one that was ratified in 1789. They argue that the nature of the oath permits for certain kinds of change, but disallows other kinds of change. And they suggest that this perspective on the continuity of the Constitution may help provide a common ground for debate over its meaning. Green is on Twitter at @crgreen24601 and Bernick is on Twitter at @evanbernick.This episode was hosted by Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of Law. Frye is on Twitter at @brianlfrye. Hosted on Acast. See acast.com/privacy for more information.

Om Podcasten

Ipse Dixit is a podcast on legal scholarship. Each episode of Ipse Dixit features a different guest discussing their scholarship. The podcast also features several special series."From the Archives" consists historical recordings potentially of interest to legal scholars and lawyers."The Homicide Squad" consists of investigations of the true stories behind different murder ballads, as well as examples of how different musicians have interpreted the song over time."The Day Antitrust Died?" is co-hosted with Ramsi Woodcock, Assistant Professor of Law at the University of Kentucky College of Law, and consists of oral histories of the 1974 Airlie House Conference on antitrust law, a pivotal moment in the history of antitrust theory and policy.The hosts of Ipse Dixit are:Brian L. Frye, Spears-Gilbert Associate Professor of Law at the University of Kentucky College of LawLuce Nguyen, a student at Oberlin College and the co-founder of the Oberlin Policy Research Institute, an undergraduate public policy organization based at Oberlin CollegeMaybell Romero, Assistant Professor of Law at Northern Illinois University College of LawAntonia Eliason, Assistant Professor of Law at the University of Mississippi School of LawSaurabh Vishnubhakat, Associate Professor of Law at Texas A&M School of LawJohn Culhane, Professor of Law at Widener University Delaware Law SchoolBenjamin Edwards, Associate Professor of Law at the UNLV William S. Boyd School of LawMatthew Bruckner, Associate Professor of Law at Howard University School of LawComments and suggestions are always welcome at brianlfrye@gmail.com. You can follow the Ipse Dixit on Twitter at @IpseDixitPod. Hosted on Acast. See acast.com/privacy for more information.