Constitutional Private Law: A Conversation with Garrett West

What is constitutional private law, and how does it differ from the way we traditionally think about constitutional issues? When an individual employed by the government breaks the law, do we sue the person or the government? And what do these choices reveal about justice, accountability, and constitutional interpretation?

This week Madison’s Notes welcomes Garrett West, Associate Professor of Law at Yale Law School, for a deep dive into constitutional private law, an often-overlooked dimension of constitutional theory. While most discussions focus on government power and structure, this episode explores how constitutional principles might extend into private relationships and disputes.

West breaks down essential legal vocabulary, examines unexpected historical shifts in constitutional doctrine, and analyzes how courts have grappled with applying constitutional norms beyond the state. From torts and remedies to federal courts and administrative law, this conversation challenges conventional boundaries and asks: Where does the Constitution’s authority end?

A must-listen for anyone interested in legal theory, civil liberties, and the evolving role of constitutional law in private life.

Madison’s Notes is the podcast of Princeton University’s James Madison Program in American Ideals and Institutions.

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