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Amicus | How Originalism Ate The Law: What We Can Do About It
May 22, 2024
Justice Todd Eddins and Madiba Dennie discuss how originalism has impacted the law, offering solutions to combat its effects. They delve into the consequences of originalist interpretations, the importance of dissenting opinions, and the need for a balance between tradition and adaptability in shaping the law.
40:36
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Quick takeaways
- Advocate for inclusive constitutionalism to promote a multiracial and equitable democracy.
- Embrace a holistic approach to constitutional interpretation, considering values, purposes, and societal standards.
Deep dives
The Call for Inclusive Constitutionalism
The discussion challenges the limitations of originalism and living constitutionalism by proposing a new approach termed inclusive constitutionalism. This approach emphasizes interpreting the constitution to include and benefit everyone, aligning with the liberatory goals of the Reconstruction Amendments. By advocating for a constitution that serves a multiracial and inclusive democracy, the speaker argues for interpreting provisions through this lens to advance towards a more equitable and progressive society.
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