On March 20, Professor J. Joel Alicea delivered the fourth annual Edwin Meese III Originalism Lecture with a thought-provoking speech titled, “Originalism, the Administrative State, and the Clash of Political Theories.” Professor Alicea is the St. Robert Bellarmine Professor of Law and serves as Director of the Center for the Constitution and the Catholic Intellectual Tradition at Catholic Law. He is also a Non-resident Fellow at the American Enterprise Institute.

In his lecture, Professor Alicea addressed the relationship between originalism and the administrative state, presenting his argument in three key parts:

• First, he explored how the foundational principles of the administrative state are rooted in progressive political theories.
• Next, he outlined an alternative set of political principles often associated with opposition to the administrative state.
• Finally, he demonstrated how living constitutionalism is a natural extension of the political philosophy underpinning the administrative state, while the political commitments opposing the administrative state align more closely with originalism.

Professor Alicea closed his opening remarks by underscoring the high stakes of this intellectual conflict. He asserted that, if President Trump’s push to reshape American governance prevails, “it will be because the same principles that motivate opposition to the administrative state as a matter of political theory are consistent with the principles that will motivate an originalist Supreme Court to sustain that transformation as a matter of constitutional law.”. This confrontation, he observed, transcends mere legal arguments and delves into deeper questions of political philosophy.

The annual lecture pays tribute to former Attorney General Ed Meese, who attended the event on March 20, and his lasting legacy of promoting originalism in legal thought and jurisprudence. In a 1985 speech to the D.C. Chapter of the Federalist Society Lawyers Division, Meese reflected on the Framers' intentions, stating, “Their intention was to write a document not just for their times but for posterity.” Throughout his career, Meese emphasized the importance of Original Intention, cautioning against the risk of treating the Constitution as “an empty vessel into which each generation may pour its passion and prejudice.” Over three decades ago, Meese ignited a pivotal debate that brought judicial originalism to the forefront of American legal discourse, fundamentally reshaping the nation’s constitutional framework.

The lecture can be viewed below and can be read here.