Rationally Speaking Podcast

Unfair laws / Why judges should be originalists (William Baude)

Mar 19, 2021

01:03:17

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Highlights

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Episode notes

Is the Originalist Interpretation How Things Are Done?

01:55

Living Constitutionalism

01:49

Is It Better to Be Explanatory About Bias?

02:52

Introduction

3min

Is Qualified Immunity Really a Thing?

2min

Is Qualified Immunity a Good Idea?

2min

Are the Defenders of Qualified Immunity Really Wrong?

2min

Can I Use Qualified Immunity?

2min

Is There a Qualified Immunity Solution?

3min

The Courts Have a Common Law Power Soso

4min

Is Civil Asset Forfeiture a Thing Ort?

2min

You Don't Have a Right to a Jury

2min

10.

How Does Precedent Work?

2min

11.

I'm a Gun Owner, Not a Drug Dealer

2min

12.

What Is Originalism?

2min

13.

What Is the Biggest Alternative to Originalism?

2min

14.

Are the Living Constitutionalist Judges Uncharitable?

2min

15.

The Role of Policy Making in the Court of Appeals

3min

16.

Is There a Difference Between Originalism and the Alternatives?

2min

17.

Living Constitutionalism

2min

18.

What Is Our Law?

2min

19.

Is This What a Judge Is Said to Do?

2min

20.

Is the Originalist Interpretation How Things Are Done?

2min

21.

The Revolution Can Happen Through Slow Creep

2min

22.

The Principles of Justification Are More Important Than the Principles of Originalism

3min

23.

Is It Possible to Be 100% Objective?

2min

24.

Originalists Are Political Conservatives, Right?

2min

25.

The Relationship Between Conservatives and Originalists in the Supreme Court

2min

26.

Is It Better to Be Bias Than to Be Unbiased?

2min

27.

Is It Better to Be Explanatory About Bias?

3min

28.

Is It a Good Idea to Teach Argumentative Hygiene?

3min

29.

The Doctrine of Qualified Immunity

2min

Is there any justification for seemingly unjust laws like "qualified immunity," which allows cops to get away with bad behavior? William Baude, a leading scholar of constitutional law, explores how these laws came to be and why they're so hard to change. Also, Baude makes the case for originalism, the view that judges should base their rulings on the original meaning of the Constitution. And Baude explains how rationalist principles have influenced his teaching and legal scholarship.