How the rise of judicial originalism has shaped our economy
Jun 12, 2024
auto_awesome
Madiba Dennie, author of 'The Originalism Trap,' discusses the impact of originalism on American legal thought and the erosion of rights. The rise of judicial originalism and its threats to economic stability are highlighted. The podcast also explores the story of an escaped slave who criticized the Constitution, along with insights on partisan primaries and privacy concerns over Meta's data collection.
Originalism in the US Supreme Court decision-making erodes rights and threatens economic stability.
Selective interpretation in originalism can perpetuate regressive constitutional views, impacting civil rights progress.
Deep dives
Originalism as a Guiding Legal Doctrine
The podcast episode discusses the rise of originalism as a guiding legal doctrine in the US Supreme Court's decision-making process. Originalism dictates that the Constitution's meaning should align with its original ratification context over time. This concept gained prominence as a response to the civil rights movement, emphasizing historical interpretation over evolving societal norms and values.
Impact of Originalism on Judicial Decisions
The episode explores how originalism, despite claiming to limit judicial activism, allows judges to selectively interpret historical sources to reinforce personal beliefs. Highlighted through examples like the use of outdated views on women's rights, originalism's application can perpetuate regressive interpretations of the Constitution, thereby potentially undermining progress in civil rights and individual freedoms.
Originalism's Influence on Rights and Policies
The podcast delves into how the rise of originalism, rooted in historical contexts favoring wealthy white men, can erode the rights of marginalized populations. By freezing the Constitution's interpretation in a historical framework, originalism risks rolling back advancements in individual and civil rights, leading to regressive legal decisions that disproportionately impact vulnerable communities. The discussion also extends to how originalism can shape economic policies and regulatory decisions, affecting consumer protections and financial stability.
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.