Interpreting the 14th Amendment: Rights and Originalism

In her latest book, We the People, the historian, New Yorker staff writer, and Harvard University professor Jill Lepore turns her attention to the history of the U.S. Constitution. Specifically, she focuses on all the ways our government’s foundational text has changed throughout its nearly 250 year history. Lepore calls Article V, which lays out the Constitution’s amendment mechanism, by far its most “radical innovation.” But she says the Constitution has become unamendable in the modern era — it hasn’t been meaningfully updated in more than a half-century, corroding our politics and government. 

Kara and Jill break down why the Framers included a way to make changes to the Constitution, how we’re still grappling with Article V’s bad compromises, and why the now dominant judicial philosophy of originalism contradicts the Framers’ intent. Lepore also digs into whether the Constitution can withstand PresidentTrump’s constant attacks.

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