Originalism v. Living Constitutionalism

An event where members of the American Constitution Society (ACS) and the Federalist Society (FedSoc) will come together to discuss the constitutional debate of Originalism vs. Living Constitutionalism through the lens of the landmark Supreme Court case Tennessee Valley Authority v. Hill (1978).

In TVA v. Hill, the Supreme Court halted the Tennessee Valley Authority’s dam project to protect an endangered species under the Endangered Species Act (ESA). This decision raised important questions about the scope of federal power and constitutional interpretation. Originalists argue that the ruling expanded federal authority beyond the framers' original intent, while proponents of Living Constitutionalism defend the decision as a necessary response to modern environmental concerns.