How the rise of judicial originalism has shaped our economy
It’s decision season for the U.S. Supreme Court, meaning the court is weighing in on a slew of cases dealing with a wide range of issues, including abortion medication restrictions and the power of federal agencies.
One legal doctrine has become increasingly influential in that decision-making: originalism. But Madiba Dennie, author of the new book “The Originalism Trap: How Extremists Stole the Constitution and How We the People Can Take It Back,” calls that a relatively recent phenomenon.
“It used to be very commonplace that history could be a factor in assessing the Constitution’s meaning,” Dennie said. “But it was only as a backlash to the Civil Rights Movement that the conservative legal movement started really asserting that history and tradition was the only way you can make decisions.”
On the show today, Dennie explains what originalism is, how it gained a foothold in American legal thought and why she believes its rise has eroded Americans’ rights and threatened economic stability. Plus, her idea for how we move forward.
Then, we’ll get into the movie-worthy story of an African American man who escaped slavery and became a fierce critic of the Constitution. And, Meta’s artificial intelligence plans are butting heads with Europe’s privacy-conscious values.
Later, we’ll hear from a listener whose puppy helped her make new friends in adulthood. Plus, Patrick Schumacker, an executive producer of the TV series “Abbott Elementary,” answers the Make Me Smart question.
Here’s everything we talked about today:
- “Throw Originalism Out. It’s Time for Inclusive Constitutionalism.” from Slate
- “Originalism, Amy Coney Barrett’s approach to the Constitution, explained” from Vox
- “Even the Founders Didn’t Believe in Originalism” from The Atlantic
- “What is originalism? Did it underpin the Supreme Court’s ruling on abortion and guns? Debunking the myths” from The Conversation
- “The biggest 2024 Supreme Court rulings so far, and what’s still to come” from The Washington Post
- “A Furious, Forgotten Slave Narrative Resurfaces After Nearly 170 Years” from The New York Times
- “Facebook owner Meta seeks to train AI model on European data as it faces privacy concerns” from AP News
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