The Evolution of Judicial Originalism and Its Impact on Democracy

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 more and more 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. 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. 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

What have you been wrong about lately? Let us know at makemesmart@marketplace.org or leave us a voicemail at 508-U-B-SMART.