You Are Not So Smart 294 - Living Constitutionally - A.J. Jacobs
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Aug 19, 2024 
A.J. Jacobs, a journalist and author known for his quirky lifestyle experiments, dives into the paradoxes of living constitutionalism. He hilariously recounts his year of following the Constitution's original meanings, leading to some absurd encounters in modern-day Manhattan. Jacobs discusses the challenges of interpreting historical texts and explores the tensions between originalism and evolving societal values. He reflects on the parallels between biblical literalism and strict constitutionalism, advocating for adaptability in understanding democracy and rights.
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Founding Fathers and Originalism
- The Founding Fathers were not a monolith regarding originalism.
- Some, like Jefferson, even suggested a new Constitution every 19 years.
Musket vs. Modern Guns
- A.J. Jacobs bought a musket to understand the Second Amendment from an originalist perspective.
- Shooting it involved 15 steps, unlike modern firearms, highlighting technological differences.
Originalism as a Contract
- Originalists argue the Constitution, like a contract, prevents chaos from reinterpretations.
- Scalia believed women's rights were a state matter, not a constitutional one.