The Originalism Trap - Dennie, Madiba K
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"Lawyers don't often admit this in mixed company, but Madiba Dennie wants to let you in on a secret: There is no one true way to interpret the Constitution. Americans saw just how subjective it can be when the Supreme Court denied basic bodily autonomy to millions of people in its Dobbs v. Jackson Women's Health Organization decision, suggesting that our rights and liberties are frozen in a cherry-picked version of history. This is a line of constitutional interpretation called originalism--a framework that says we must be constrained by the meaning of the Constitution's text when it was…mehr

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Produktbeschreibung
"Lawyers don't often admit this in mixed company, but Madiba Dennie wants to let you in on a secret: There is no one true way to interpret the Constitution. Americans saw just how subjective it can be when the Supreme Court denied basic bodily autonomy to millions of people in its Dobbs v. Jackson Women's Health Organization decision, suggesting that our rights and liberties are frozen in a cherry-picked version of history. This is a line of constitutional interpretation called originalism--a framework that says we must be constrained by the meaning of the Constitution's text when it was written. It has a reputation as a serious intellectual theory, but as Dennie argues in The Originalism Trap, originalism is more like dream logic: It seems reasonable at first, but when you wake up and see it clearly, it's revealed as nonsense. Originalism deliberately over-emphasizes a particular version of history that treats civil rights gains as categorically suspect. According to Dennie, it's time to let it go. The Originalism Trap discards originalism in favor of a new approach that serves everyone: inclusive constitutionalism. Dennie disentangles the Constitution's ideals from originalist ideology and emphasizes the power of the Reconstruction Amendments. These post-Civil War amendments, which are conveniently ignored by originalists, 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. In chapters on how originalists are diminishing our right to vote, stealing the right to control our own bodies, and manipulating the way we are counted in the census, Dennie shows readers that the Constitution belongs to them and how they can use it to fight for their rights"--
Autorenporträt
Madiba K. Dennie is the deputy editor and senior contributor at the critical legal commentary website Balls and Strikes, the co-director of the Democracy Committee of the New Jersey Reparations Council, and was previously a counsel at the Brennan Center for Justice. Her legal and political commentary has been featured in The Atlantic, The Washington Post, and elsewhere, and she has been interviewed on the BBC, MSNBC, and other media outlets. She has taught at Western Washington University and New York University School of Law. Dennie is a graduate of Columbia Law School and Princeton University. The Originalism Trap is her first book.