The originalism trap

how extremists stole the Constitution and how we the people can take it back

The originalism trap

how extremists stole the Constitution and how we the people can take it back
Madiba K Dennie
Book - 2024

"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"--

Saved in:

Holdings -

Shadle

Barcode Status Material Type CallNumber
37413322183742 In transit New Adult Non-Fiction 342.73 DENNIE
Bibliographic Details
Main Author: Dennie, Madiba K. (Author)
Format: Book
Language:English
Published: New York : Random House, [2024]
Edition:First edition.
Subjects:

MARC

LEADER 00000cam a2200000 i 4500
001 955162
008 240110t20242024nyu b 001 0 eng
005 20240716195217.4
010 |a  2023059052 
019 |a 1443192429 
020 |a 9780593729250 
020 |a 0593729250 
035 |a (OCoLC)1397050121  |z (OCoLC)1443192429 
040 |a DLC  |b eng  |e rda  |c DLC  |d OCLCO  |d IEB  |d YDX  |d GK8  |d TULAW  |d GZM 
042 |a pcc 
043 |a n-us--- 
049 |a UAGA 
082 0 0 |a 342.73001  |2 23/eng/20240129 
092 |a 342.73 DENNIE 
100 1 |a Dennie, Madiba K.,  |e author.  |0 http://id.loc.gov/authorities/names/n2024001501 
245 1 4 |a The originalism trap :  |b how extremists stole the Constitution and how we the people can take it back /  |c Madiba K. Dennie. 
250 |a First edition. 
264 1 |a New York :  |b Random House,  |c [2024] 
264 4 |c Ã2024 
300 |a xii, 286 pages ;  |c 22 cm 
336 |a text  |b txt  |2 rdacontent 
337 |a unmediated  |b n  |2 rdamedia 
338 |a volume  |b nc  |2 rdacarrier 
504 |a Includes bibliographical references and index. 
505 0 |a Heist -- Stealing our liberties -- Stealing our elections -- Stealing the census -- Taking it all back -- Acknowledgments. 
520 |a "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"--  |c Provided by publisher. 
650 0 |a Constitutional law  |z United States  |x Interpretation and construction. 
650 0 |a Originalism (Law)  |z United States. 
610 1 0 |a United States.  |b Supreme Court  |x Cases  |x History. 
650 0 |a Reproductive rights  |z United States  |x History. 
938 |a YBP Library Services  |b YANK  |n 20479009 
938 |a Brodart  |b BROD  |n 135298660 
994 |a C0  |b UAG 
999 f f |s 5d7c3027-59eb-4f4b-b70d-7a5cf919f6cc  |i b667eb56-2e7e-4ec4-bb12-8734d85200ea  |t 0 
952 f f |p Standard Circulation  |a City of Spokane  |b Spokane Public Library  |c Branches  |d Shadle  |t 0  |e 342.73 DENNIE  |i New Adult Non-Fiction  |m 37413322183742