Amicus With Dahlia Lithwick | Law, justice, and the courts
How Originalism Ate The Law: What We Can Do About It
May 22, 2024
Justice Todd Eddins and Madiba Dennie discuss the dangers of originalism in the Constitution and advocate for inclusive constitutionalism. They highlight the need for people to reclaim control over interpretation for a more democratic future. The podcast explores the impact of originalism on legal interpretations, the significance of dissenting opinions, and the evolving nature of interpreting the Constitution.
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Quick takeaways
- Inclusive constitutionalism advocates for a dynamic interpretation aligned with liberatory goals, challenging originalism's rigid framework.
- State high courts possess the authority to interpret their constitutions independently, enabling greater protection and deviation from originalism.
Deep dives
Reimagining Constitutional Interpretation Through Inclusive Constitutionalism
Inclusive constitutionalism challenges the rigid framework of originalism and living constitutionalism. Unlike originalism, which freezes the Constitution in time, inclusive constitutionalism advocates for a dynamic interpretation that aligns with liberatory goals. By focusing on promoting a multiracial and inclusive democracy, this approach aims to interpret the Constitution through the lens of the reconstruction amendments, providing a compass for meaningful change and progression in constitutional interpretation.
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