Against Constitutional Originalism
A Historical Critique
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Narrated by:
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Josh Innerst
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By:
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Jonathan Gienapp
About this listen
Constitutional originalism stakes law to history. The theory's core tenet—that the United States Constitution should be interpreted according to its original meaning—has us decide questions of modern constitutional law by consulting the distant constitutional past. Yet originalist engagement with history is often deeply problematic. And now that a majority of justices on the United States Supreme Court champion originalism, the task of scrutinizing originalists' use and abuse of history has never been more urgent.
In this comprehensive and novel critique of originalism, Jonathan Gienapp targets originalists' unspoken assumptions about the Constitution and its history. Originalists are committed to recovering the Constitution laid down at the American Founding, yet they often assume that the Constitution is fundamentally modern. Rather than recovering the original Constitution, they project their own understandings onto it, assuming that eighteenth-century constitutional thinking was no different than their own. They take for granted what it meant to write a constitution down, what law was, how it worked, and where it came from, and how a constitution's meaning was fixed. In the process, they erase the Constitution that eighteenth-century Americans in fact created. By understanding how originalism fails, we can better understand the Constitution that we have.
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Navigating the challenges of long-term commitment takes effort - and it just got simpler, with this empowering, step-by-step guide to communicating about the things that matter most to you and your partner. Drawing on 40 years of research from their world-famous Love Lab, Dr. John Gottman and Dr. Julie Schwartz Gottman invite couples on eight fun, easy, and profoundly rewarding dates, each one focused on a make-or-break issue: trust, conflict, sex, money, family, adventure, spirituality, and dreams.
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What the F. Robot-reader???!?!?!
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Ali in Me
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Muhammad Ali, never afraid to express himself loudly and boldly, stays true to form in Ali in Me, an eight-part audio series that explores his life and legacy, guided by his own words through never-before-heard audio recordings. Hosted by Muhammad’s widow, Lonnie Ali, and his close friend, award-winning broadcaster John Ramsey, Ali in Me goes beyond the boxing ring to delve deeply into the extraordinary life and lasting contributions The Champ made to individuals around the world.
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He went hard on everything, especially love
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Caffeine
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Michael Pollan, known for his best-selling nonfiction audio, including The Omnivores Dilemma and How to Change Your Mind, conceived and wrote Caffeine: How Caffeine Created the Modern World as an Audible Original. In this controversial and exciting listen, Pollan explores caffeine’s power as the most-used drug in the world - and the only one we give to children (in soda pop) as a treat.
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Leaves much to be desired
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I Thought It Was Just Me (but it isn’t)
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Based on seven years of ground-breaking research and hundreds of interviews, I Thought It Was Just Me shines a long-overdue light on an important truth: Our imperfections are what connect us to each other and to our humanity. Our vulnerabilities are not weaknesses; they are powerful reminders to keep our hearts and minds open to the reality that we're all in this together.
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I'm sure its great if you are a mother ....
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In the early 1900s, at the dawn of the “American Century,” few knew the intoxicating power of greed better than white men on the forefront of the black gold rush. When oil was discovered in Oklahoma’s Indian Country, these tycoons impersonated, defrauded, and murdered Native property owners to snatch up hundreds of acres of oil-rich land. Journalist and fourth-generation Oklahoman Russell Cobb sets the stage for one such oilman’s chicanery: Tulsa entrepreneur Charles Page’s campaign for a young Muscogee boy’s land in Creek County.
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Underrepresented piece of history
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Law School for Everyone: Constitutional Law
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Americans wage many of today’s fiercest policy debates and culture wars over constitutional meaning. It’s because constitutional law is so fundamental to our democracy that law schools across the country teach the subject. It's the area of law that determines what federal and state governments are permitted to do, and what rights you have as an individual citizen of the US. Here, you'll get the same accessible, well-rounded introduction to constitutional law as a typical law student - but with the added benefit of noted constitutional scholar Eric Berger's brilliant insights.
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Read with this Neil Gorsuch!
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What listeners say about Against Constitutional Originalism
Average customer ratingsReviews - Please select the tabs below to change the source of reviews.
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- Terrance
- 09-28-24
Title of my review
This was a good book. I liked this book very much. On an axis tracking the goodness of books, where leftward is more bad and rightward is more good, a vector representing this book would need to be placed to the right, if we intended for the vector representation of the book to be accurate with respect to my own assessment of this book. This was a good book. Thank you, I love you all.
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- marwalk
- 11-24-24
Constitutional Originalism is judicial chicanery
Constitutional Originalism is actually a modern theory crafted to prop up right wing judicial chicanery—this is revealed by the exhaustive survey of the Founding era Jonathan Gienapp presents in this book. Gienapp searches out the true sense of what the US Constitution meant to the people who lived in 1787, and the context that guided its practical application in the Eighteenth and early Nineteenth Centuries. Contrary to what modern Originalists would have people believe, the living constitution concept is more original (that is, true to the Founders' intent) than the Originalism theory in our contemporary time.
Gienapp lays bare the contradictory logic employed by Originalists in their attempts to discern the meaning of the Constitution solely from the text itself—the author illustrates repeatedly how Originalists fold their own reasoning back onto itself, and end up themselves unwittingly making the case for a living Constitution. Originalists slights of hand with the text do them no favors, such as their tendency to ignore the Constitution's Preamble and its emphasis on "We the People." Gienapp demonstrates that the text can only be understood in its Eighteenth Century meaning, the context of which Originalists lose altogether by interpreting the words in the Constitution through a modern day perspective that was unheard of in 1787.
Although many significant advancements in human rights were achieved by the Warren Court of the 1960s (over and against recalcitrant legislatures), an opposite Court now is in place—and taking legislative initiative may be the way forward in the 21st Century. As US Courts become increasingly right wing with more judicial benches stacked with Originalist activists, Gienapp's observations that the Founders considered actual policy decisions to be in the political realm of the legislature is a point worth rediscovering—and acting upon.
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- J. Peter Coll, Jr.
- 01-31-25
Turgid Treatise
I found the book pedantic - long on repetition and short on supporting historical evidence or examples.
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