Amicus With Dahlia Lithwick | Law, justice, and the courts How To Fix Our Broken Constitution
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Sep 6, 2025 
Jill Lepore, the David Woods Kemper 41 Professor of American History at Harvard and a staff writer for The New Yorker, dives into America’s constitutional quandary. She discusses the paralysis of political life and the urgent need for creative engagement with the Constitution. Lepore explores the complexities of amendments, popular constitutionalism, and the voices historically excluded from the Constitution’s narrative. She emphasizes the importance of rekindling the imagination surrounding governance and the potential for meaningful change in a polarized landscape.
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Constitution Frozen, Amendment Atrophied
- The U.S. Constitution has become effectively frozen while amendment is rarely used despite thousands of proposals.
- Jill Lepore argues this atrophy threatens democracy by removing a peaceful repair mechanism.
Originalism's Narrow Historical Lens
- Lepore contrasts historians' broad, source-rich method with originalists' narrow, selective record.
- She argues originalism artificially fences the historical record and misses marginalized voices.
Amendment As A Peaceful Safety Valve
- Lepore frames amendment as a democratic philosophy of repair that prevents political violence and insurrection.
- She sees amendment as a civic tool for correcting major structural wrongs without bloodshed.
