September 10: Does the Will of the People Actually Exist?

When a court refrains from declaring a law unconstitutional it often explains that the law represents the “Will of the People” and that mere judges should invalidate that “Will” very sparingly. But what actually is the “Will of the People?” Does it even exist in the first place? And even if it does to some degree, how many of our laws really exist because of it? 

Further, what do the answers to these questions have to say about judicial review? If the “Will of the People” isn’t all it’s often thought to be, does that mean courts should be more engaged with finding laws to violate the Constitution?
This conference brings together leading experts on these issues from law, political science, and economics to address the same central questions
(1) Does the “Will of the People” exist and if so to what extent? And
(2) what does the answer to question (1) have to say for judicial deference to the political branches on questions of constitutionality?
Several experts will present their essays answering these questions, and others will provide commentary on these overlooked issues of American democracy and constitutional law. The essays will later be published in the George Mason Law Review.
Title:
Does the Will of the People Actually Exist?
Date/Time:
Friday, September 10, 2021
8:30-9:00am Check-in
9:00-9:15am Opening Welcome
9:15-10:30am The Will of the People, a Law Perspective
10:30-10:45am Break
10:45-12:00pm The Will of the People, a Political Science Perspective
12:00-1:00pm Lunch
1:00-2:15pm The Will of the People, an Economics Perspective
Register Now!
Credit:
Virginia: approved for 3 hours of CLE

You may be able to self-apply for credit; consult your credit-granting authority

Speakers:

Margaret Lemos
Ilya Somin
David Bernstein
J. Jarpa Dawuni
Joseph Ura
Keith E. Whittington
Moderator: Dana Berliner
Stefanie Haeffele
Jayme Lemke
Francesco Parisi
Robert Frommer

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