We the People

Can the Constitution Serve as a Document of National Unity?

Jun 13, 2024

Authors Yuval Levin and Aziz Rana debate whether the Constitution can foster national unity, discussing critiques of constitutionalism, the evolution of presidential power, interpretations of the framers' goals, historical context, challenges of administrative agencies, the rise of originalism, and the limitations of originalism, advocating for constitutional reforms and mass mobilization to uphold democratic values.

01:02:52

Episode guests

Aziz Rana

Yuval Levin

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Quick takeaways

Originalism evolved from judicial restraint to broader constitutional vision, sparking conservative debates on interpretation.

Originalism aimed to guide judges but some embraced activism, deviating from the initial goal.

Expanding originalism beyond juridical limits highlights the importance of a comprehensive constitutional perspective for societal challenges.

Deep dives

Origins and Goals of Originalism

Originalism emerged as a theory of judicial restraint aimed at guiding judges in interpreting the Constitution. Initially focused on restraining judges and enabling Congress and the President to perform their roles, it evolved into a comprehensive constitutional vision. Originalists disagree on interpretation in unclear cases, with some advocating for broader constitutional ideals. It aims to restrict the judiciary's role, but some judges have used it to justify activism, deviating from the original intent.

Power Dynamics in Congress

00:37

Evolution of Framers' Status

01:20

Constitutional System and Minority Rule

00:30

Importance of controlling the bench over legislating policy

00:36

Intro

5min

Critiques of Constitutionalism and the Evolution of Presidential Power

27min

Interpretations of the Framers' Goals and Constitutional Impact on American Unity

5min

Reflecting on Historical Context and the Role of the Administrative State in American Politics

5min

Challenges of Administrative Agencies and Need for Congressional Reform

1min

The Rise and Evolution of Originalism: A Cultural and Judicial Analysis

13min

Exploring the Limitations of Originalism and the Need for Constitutional Reforms

6min

In this episode, AEI’s Yuval Levin, author of American Covenant: How the Constitution Unified Our Nation—and Could Again, and Aziz Rana, professor at Boston College Law and author of The Constitutional Bind: How Americans Came to Idolize a Document That Fails Them, join Jeffrey Rosen for a discussion about whether the Constitution has failed us or can serve as a document of national unity.

Resources:

Yuval Levin, American Covenant: How the Constitution Unified Our Nation—and Could Again (2024)
Aziz Rana, The Constitutional Bind: How Americans Came to Idolize a Document That Fails Them (2024)
“The Modern History of Originalism,” NCC’s We the People  podcast, (Aug 2023)
Article V, Interactive Constitution

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You can find transcripts for each episode on the podcast pages in our Media Library. 

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We the People

Can the Constitution Serve as a Document of National Unity?

Episode guests

Podcast summary created with Snipd AI

Quick takeaways

Deep dives

Origins and Goals of Originalism

Critique of Constitutional Politics

Shift to Judicial Activism

Calls for Broader Constitutional Vision

Reforms for Constitutional Rejuvenation

Power Dynamics in Congress

Evolution of Framers' Status

Constitutional System and Minority Rule

Importance of controlling the bench over legislating policy

Remember Everything You Learn from Podcasts