How Originalism Ate the Law: The Trick | Amicus With Dahlia Lithwick | Law, justice, and the courts
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- Опубликовано: 27 сен 2024
- In this, the first part of a special series on Amicus and at Slate.com, we are lifting the lid on an old-timey sounding method of constitutional interpretation that has unleashed a revolution in our courts, and an assault on our rights. But originalism’s origins are much more recent than you suppose, and its effects much more widespread than the constitutional earthquakes of overturning settled precedent like Roe v Wade or supercharging gun rights as in Heller and Bruen. Originalism’s aftershocks are being felt throughout the courts, the law, politics and our lives, and we haven’t talked about it enough. On this week’s show, Dahlia Lithwick and Mark Joseph Stern explore the history of originalism. They talk to Professor Jack Balkin about its religious valence, and Saul Cornell about originalism’s first major constitutional triumph in Heller. And they’ll tell you how originalism’s first big public outing fell flat, thanks in part to Senator Ted Kennedy’s ability to envision the future, as well as the past.
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The Supreme Court was the heart of our Republic. All roads led to their choice to be honorable.
The end of that expectation bodes badly for the future.
I know this history, and when it happened if you objected to it you were labeled a fringe leftist commie. Reagan's 8 years pushed the boulder (US Government) off the cliff for the downhill ride you've been witnessing for the last 40+ years. Thanks for refreshing memories and teaching youngsters.
We got Borked.
It came to pass: Kennedy speech has come true.
I lost track of the number of times this podcast was interrupted to play a loud, intrusive ad from some company that has nothing to do with the subject of this program.
Those interruptions made it almost impossible to follow what apparently was an interesting, intelligently written podcast.
Greater protection = loss of liberty
Whenever a person in tie 9r pant suit mentions public safety cover your six
Bork's originalism was only possible because the government was thought to be the ruling authority in our form of government. The authority is supposed to be the people as a whole. The government is only supposed to be the instrument. Nearly everyone has been trained with this mistake since Lincoln. Both Lincoln and Justice Taney knew the law means what the people as a whole think it means. It's a prerogative of ruling authorities.
Except the north could not trust the people of the south, in a sense there was a coup deposing the people as a whole from ruling.
Ads make this unlistenable. I hope the content was good though!
"sigh'
Originalism has nothing to do with Dobbs. Roe vs Wade was established a pseudo-right to privacy over a medical procedure that had never existed for any other medical procedure. The regulation of banning or medical procedures had always been within the state's preview, which is why Roe vs Wade was always on unstable ground and ultimately so easy to challenge and overturn.
This is also why so called trans-rights will lose in the federal courts in the end. The states have a right to regulate and ban medical procedures, especially true for unproven and extremely experimental GAC. We just have to go through the process of fighting through the courts before SCOTUS has to rule on the most obvious point from the start. Medical procedures can always be regulated and ban, and no one has a 'right' to them, especially if they are dangerous or unproven.
Christian Racism. Brown V Bd of Ed.
love your pod
Initially the public response to Roe was silence. When John Paul Stevens was nominated by Ford, no senators asked about Roe. Carter was opposed to abortion and did not defend the decision. Reagan made Roe a central example of supreme court liberalism. Ironically, Reagan signed a bill while Governor of California that effectively made abortion legal (through a expansive health of the mother exception).
Honestly, are you people sworn to ignore Indigenous peoples and their history? Not that I mind slavery brought up invariably, on every single issue. But, those constitutionalist were also engaged in ethnic cleansing. it seems it would bear a mention.
I am the Indian savage your declaration of independence warned about