A rallying cry for a more just approach to the law that bolsters
social justice movements by throwing out originalism—the theory that
judges should interpret the Constitution exactly as conservatives say
the Founders meant it “The greatest trick conservatives ever pulled
was convincing the world that originalism exists. This book is vital
for understanding why the world sucks right now.”—Elie Mystal,
author of Allow Me to Retort There is no one true way to interpret the
Constitution, but that’s not what originalists want you to think.
They’d rather we be held hostage to their “objective” theory
that our rights and liberties are bound by history—an idea that was
once confined to the fringes of academia. Americans saw just how
subjective originalism can be when the Supreme Court cherry-picked the
past to deny bodily autonomy to millions of Americans in Dobbs v.
Jackson Women’s Health. Though originalism is supposed to be a
serious intellectual theory, a closer look reveals its many inherent
faults, as it deliberately over-emphasizes a version of history that
treats civil rights gains as categorically suspect. According to
Madiba K. Dennie, it’s time to let it go. Dennie discards
originalism in favor of a new approach that serves everyone: inclusive
constitutionalism. She disentangles the Constitution’s ideals from
originalist ideology and underscores the ambition of the
Reconstruction Amendments, which were adopted in the wake of the Civil
War and sought to build a democracy with equal membership for
marginalized persons. The Originalism Trap argues that the law must
serve to make that promise of democracy real. Seamlessly blending
scholarship with sass and written for law people and laypeople alike,
The Originalism Trap shows readers that the Constitution belongs to
them and how, by understanding its possibilities, they can use it to
fight for their rights. As courts—and the
Constitution—increasingly become political battlegrounds, The
Originalism Trap is a necessary guide to what’s at stake and a
vision for a more just future.
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How Extremists Stole the Constitution and How We the People Can Take It Back
Produktdetaljer
ISBN
9780593729267
Publisert
2023
Utgiver
Random House Digital Inc.
Språk
Product language
Engelsk
Format
Product format
Digital bok
Forfatter