14min chapter

Make Me Smart cover image

How the rise of judicial originalism has shaped our economy

Make Me Smart

CHAPTER

The Evolution of Judicial Originalism and Its Impact on Democracy

The chapter traces the development of judicial originalism from a marginalized theory to a dominant force in Supreme Court rulings, discussing how it has been used selectively to justify personal biases. It highlights the negative consequences of freezing the Constitution's meaning in history for marginalized groups and argues for a shift towards focusing on post-Civil War Amendments for inclusive interpretation of the Constitution. The conversation stresses the importance of promoting diversity and democracy by moving away from exclusive reliance on originalism in judicial decisions.

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