Amicus With Dahlia Lithwick | Law, justice, and the courts Who Gets Left Out of Originalism?
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Aug 9, 2025 
Join Maggie Blackhawk, an NYU Law professor specializing in American Indian law, and Gregory Ablavsky, a Stanford Law professor focusing on early American legal history, as they dive into the overlooked perspectives of Native nations during America's founding. They discuss how these communities were crucial yet excluded from the founding narrative. The conversation challenges conventional originalism by revealing Native experiences and their struggles for sovereignty, urging listeners to reconsider the complexities of constitutional history and its implications for marginalized voices.
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Native Views Varied By Contact
- Maggie Blackhawk says some Native peoples ignored the Constitution while eastern seaboard tribes engaged with it.
- Views turned on proximity, diplomacy, and expectations of federal protection.
Cherokee Hopes For Federal Protection
- Gregory Ablavsky recounts a Cherokee letter to George Washington expressing cautious hope.
- The Cherokees hoped the new 'great council' would stop states from destroying their rights.
Constitution Didn't Create Tribal Sovereignty
- Maggie Blackhawk argues the Constitution didn't create or erase tribal sovereignty.
- Sovereignty existed within tribes independent of the document.
