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Originalism 101 (with Dahlia Lithwick)
Jun 24, 2024
Dahlia Lithwick, a lawyer and journalist, discusses originalism and living constitutionalism, critiquing Supreme Court decisions. Emphasizes balancing original intent with modern understanding in interpreting the Constitution. Examines evolution and criticisms of originalism, particularly regarding women's rights and presidential immunity. Offers insights into the limitations of originalism and the importance of predictability in legal interpretation.
30:19
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Quick takeaways
- Originalism aims to base judicial decisions on the original meaning of words in the Constitution, adapting over time.
- Interpreting the Constitution based on framers' thoughts helps provide structured constraint for judges, addressing judicial activism.
Deep dives
Evolution of Originalism
Originalism as an interpretive method did not originate with the founding fathers or early Supreme Court decisions but gained prominence in the 1980s and 90s. It aims to base judicial decisions on the original meaning of words in the Constitution, evolving from original intent to original public meaning and now to history and tradition. This evolution showcases originalism's flexible adaptation over time.
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Discover
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Listen to the best highlights from the podcasts you love and dive into the full episode