The Law School’s chapters of the American Constitution Society (ACS) and the Federalist Society brought students together on October 13 for a lively lunchtime debate on originalism featuring Law School Dean Adam Chilton and Professor William Baude.

More than 170 students, including a large number of 1Ls, were in attendance.

Baude, the Harry Kalven, Jr. Professor of Law and faculty director of the Constitutional Law Institute, argued in favor of originalism, likening the Constitution to a corporate operating agreement that establishes rules meant to be followed. “That's part of the reason we wrote down the Constitution,” he said, emphasizing that originalism promotes judicial restraint and clarity.

Chilton, the Howard G. Krane Professor of Law and Walter Mander Research Scholar, countered with a case for a living Constitution, drawing on international comparisons. He argued that nations adhering to a flexible model of interpretation have experienced greater stability and growth. “The United States has been characterized by having this flexible set of political institutions that can change. … It's been possible not because we have been stuck with thinking that these few thousand words written in 1787 had one strict meaning,” he said.

Throughout the discussion, Baude and Chilton agreed that America’s constitutional system is among the world’s best, but the pair diverged on what makes it work.

The debate concluded with a vibrant question-and-answer session that underscored students’ engagement with questions at the heart of American constitutional law.

The October 13 program was not the first time that Baude and Chilton have publicly debated about constitutional law. In addition to past student and alumni events, they previously recorded a seven-part podcast series discussing originalism.

At the end of the recent event, Chilton shared his and Baude's secret for regularly debating about current events while also remaining friends: “We always make time to get a drink after we do a debate. I hope the students in the ACS and the Federalist Society make time to hang out with each other after these events too.”

'A Quintessential UChicago Event'

Leaders of the two student groups sponsoring the program declared it a success.

“We were thrilled with how the debate went," said Collin Mitchell, '26, president of the Law School's chapter of the Federalist Society. "It drew one of our historical best turnouts as a chapter — and felt like a quintessential UChicago event: open and engaging across ideological lines.”

Putting on these types of events, he continued, “is central to what we aim to do as a chapter. They create space for students to see serious ideas tested in real time, in a spirit of civility and intellectual honesty. That kind of environment is what makes the Law School such a special place to study law and ideas.”

Ethan Wellerstein, '27, co-president on the Law School's ACS chapter, said, “For a lot of 1Ls, this was their first exposure to debate on these differing views of how to read and apply our Constitution. We hope it served as an early opportunity to begin thinking critically about the big questions of interpretation."

He went on to observe: “As our speakers demonstrated, more fundamental than how we read the text is how we treat one another and respectfully engage with ideas contrary to our own. We hope this commitment to free speech and open dialogue continues to be embodied at UChicago Law.”