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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.
01:01:35
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Quick takeaways
- The podcast highlights originalism as a constitutional interpretation theory focusing on the intentions of the framers rather than contemporary societal values.
- It discusses the historical emergence of originalism in response to perceived judicial activism, advocating for a more fixed understanding of constitutional meaning.
Deep dives
Defining Originalism
Originalism is a theory of constitutional interpretation that emphasizes understanding the Constitution in light of its original meaning as established by its framers. It prioritizes historical context and textual meaning, suggesting that the Constitution's meaning should remain fixed, rather than evolving with societal changes. Originalism distinguishes itself from other interpretative approaches by asserting that the Constitution should be interpreted based on the intentions and understandings of its authors at the time of its drafting. Ultimately, this approach aims to maintain the Constitution as a stable legal framework while minimizing subjective interpretations influenced by contemporary values.
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Discover
highlights
Listen to the best highlights from the podcasts you love and dive into the full episode