Originalism, Tradition, and the Separation of Powers @AEI
Originalism, Tradition, and the Separation of Powers  @AEI
Uploaded May 2026 | Updated September 2026, 3 weeks ago
As the Supreme Court has increasingly professed originalism and cited “tradition” in its legal decisions, scholars have debated whether originalism and traditionalism are two distinct methodologies and, if so, what role tradition should play in separation-of-powers cases, in which the Court has looked to tradition perhaps more than in any other area of law.

Please join AEI for an event cohosted with the Catholic University of America’s Center for the Constitution and the Catholic Intellectual Tradition (CIT) on the intersection of originalism and tradition in Supreme Court jurisprudence. The event will include an introduction from AEI Nonresident Fellow and CIT Director J. Joel Alicea, followed by a panel discussion with leading constitutional scholars.

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Originalism, Tradition, and the Separation of Powers

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