How Originalism Ate The Law: What We Can Do About It | Amicus With Dahlia Lithwick | Law,...

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  • čas přidán 21. 05. 2024
  • In the third and final part of our How Originalism Ate the Law series, Dahlia Lithwick and Mark Joseph Stern are joined by Justice Todd Eddins of the Hawaii Supreme Court and Madiba Dennie, author of The Originalism Trap. Being trapped by originalism is a choice, one that judges, lawyers, and the American people do not have to accede to. Our expert panel offers ideas and action points for pushing back against a mode of constitutional interpretation that has had deadly consequences. And they answer questions from our listeners.
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Komentáře • 16

  • @aftonair
    @aftonair Před 24 dny +3

    Thank you.

  • @DrNancyLivingCoCreatively

    Excellent. Many thanks. 💙

  • @treehugger79
    @treehugger79 Před 24 dny +1

    Such an important series. Thank you!

  • @williamadebonojo3061
    @williamadebonojo3061 Před 24 dny +4

    Every architect knows that the house that he/she designs will likely have rooms or even whole sections added to it by future owners. Every auto manufacturer knows that the engines they install in vehicles will have new parts installed during the life of the vehicle. Human beings themselves change over time; ie infancy, childhood, adolescence, adulthood, old age. Why would a nation's constitution be any different?

  • @morrispet
    @morrispet Před 16 dny

    This is an INCREDIBLE conversation !!
    Thank you ALL 🙏🏽
    I have HOPE that I didn't have before I listened to this
    Old Leftist in Alabama 🔵🟥
    (Yeah. Alabama. 🙄)

  • @katemcbride8715
    @katemcbride8715 Před 23 dny +1

    If you always go backwards to choose how to adjudicate today it should be by looking at the consequences.

  • @Ryan-Fkrepublicnz
    @Ryan-Fkrepublicnz Před 18 dny

    The lack of judicial review in the Constitution makes the entire idea of originalism self contradictory

  • @JR-pr8jb
    @JR-pr8jb Před 19 dny +1

    How is it "Original" to ignore the first half of the 2nd Amendment (the first 13 of its 27 words), the part that establishes its "militia" context and meaning?

    • @Ryan-Fkrepublicnz
      @Ryan-Fkrepublicnz Před 18 dny

      It just follows the usual form of defining the constitution to mean whatever your "patrons" need or want it to... It also changes constantly evidently from moment to moment to meet the need.... It's a ruse.

    • @TTFMjock
      @TTFMjock Před 18 dny

      They don't ignore it. You ignore what the words meant at the time. You also ignore the word "people" as in the "right of the people to keep and bear arms" You also ignore the word "infringed." Please do not pretend you are anything but liars.

  • @Ryan-Fkrepublicnz
    @Ryan-Fkrepublicnz Před 18 dny

    There is NO JUDICIAL REVIEW (overturning of laws) in the constitution. So how do they justify doing THAT UNDER ORIGINALISM?

    • @TTFMjock
      @TTFMjock Před 18 dny

      Peopl like you will find judicial review when you want to overturn any law you don't like. It's pathetically transparent at this point.

    • @TTFMjock
      @TTFMjock Před 18 dny

      Ugh.