Originalism 101
Case in Point: The Legal Show on the Hottest Legal Cases in Politics and Culture
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Brown vs Board of Education
Lawrence Lessig: I want to bring the two books together and sort of focus on the famous case, Brown versus Board of Education. He says originalism isn't the right way to do constitutional interpretation; maybe we should have a non-originalist system. But he argues that his equality reading of the privileges or immunities clause is the only reading that successfully gets us to Brown v. Board.Lessig: The reason the segregation laws were enacted was not to keep the races separate but precisely to keep one in subordination to another.
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