We the People For or Against Constitutional Originalism?
Jan 3, 2025
In this engaging discussion, Jonathan Gienapp, a Stanford professor and author of "Against Constitutional Originalism," joins Stephen Sachs, a Harvard Law expert on constitutional law, to challenge the concept of originalism in legal interpretation. They explore the historical development of originalism and its influence on landmark Supreme Court cases, including the Second Amendment debates. The conversation also touches on the role of popular sovereignty at the nation's founding, prompting listeners to reconsider how the Constitution is understood today.
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Defining Originalism
- Originalism emphasizes interpreting the Constitution based on its original meaning.
- It prioritizes history over things like precedent or public opinion.
Originalism and Founding Facts
- Originalism makes current law vulnerable to facts about the founding moment.
- Different types of originalism prioritize different facts, like the framers' intent or public understanding.
Originalism's Emergence
- Originalism emerged as a distinct theory in the late 20th century.
- This was a reaction to the Warren and Burger Courts' rights revolution.
