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Against Constitutional Originalism
A Historical Critique
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Narrated by:
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Josh Innerst
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By:
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Jonathan Gienapp
About this listen
Constitutional originalism stakes law to history. The theory's core tenet—that the United States Constitution should be interpreted according to its original meaning—has us decide questions of modern constitutional law by consulting the distant constitutional past. Yet originalist engagement with history is often deeply problematic. And now that a majority of justices on the United States Supreme Court champion originalism, the task of scrutinizing originalists' use and abuse of history has never been more urgent.
In this comprehensive and novel critique of originalism, Jonathan Gienapp targets originalists' unspoken assumptions about the Constitution and its history. Originalists are committed to recovering the Constitution laid down at the American Founding, yet they often assume that the Constitution is fundamentally modern. Rather than recovering the original Constitution, they project their own understandings onto it, assuming that eighteenth-century constitutional thinking was no different than their own. They take for granted what it meant to write a constitution down, what law was, how it worked, and where it came from, and how a constitution's meaning was fixed. In the process, they erase the Constitution that eighteenth-century Americans in fact created. By understanding how originalism fails, we can better understand the Constitution that we have.
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Prosecuting attorney in the Manson trial Vincent Bugliosi held a unique insider's position in one of the most baffling and horrifying cases of the 20th century: the cold-blooded Tate-LaBianca murders carried out by Charles Manson and four of his followers. What motivated Manson in his seemingly mindless selection of victims, and what was his hold over the young women who obeyed his orders? Now available for the first time in unabridged audio, the gripping story of this famous and haunting crime is brought to life by acclaimed narrator Scott Brick.
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Everything I remembered about the case was wrong..
- By karen on 06-22-12
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Medieval Myths & Mysteries
- By: Dorsey Armstrong, The Great Courses
- Narrated by: Dorsey Armstrong
- Length: 5 hrs and 6 mins
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The 10 enlightening (and often humorous) lectures of Medieval Myths and Mysteries will show you how far from the “dark” times of legend these centuries were. Uncover the facts about the Knights Templar. Reveal the truth behind the tales of legendary creatures like the Questing Beast and the unicorn. Trace the events of the Black Death and the ways it altered the world in its wake, and much more. With Professor Armstrong, you will dig deep into the ways that later generations reshaped the narrative of the medieval years and perpetuated the myths.
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Interesting, but centered on Britain
- By Ximena on 04-10-20
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The Thin Line
- Hope vs. Reality in the Era of Weight-Loss Drugs
- By: Scaachi Koul
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- Length: 4 hrs and 31 mins
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Over the next five years, millions of more Americans are expected to take Ozempic and other GLP-1 weight-loss drugs, which are rapidly being recognized as the miracle drugs of this century. If you’re not on them, you’ll probably know someone who is. What are the implications of the widespread use of these drugs, both on our bodies and our society? In this show, you’ll meet people across America who are either taking the jab or thinking about it, and the shocking intentional and unintentional results they are seeing.
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More balanced than expected and very comprehensive
- By Summer Rodriguez on 01-03-25
By: Scaachi Koul
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I Thought It Was Just Me (but it isn’t)
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- By: Brené Brown
- Narrated by: Lauren Fortgang
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Based on seven years of ground-breaking research and hundreds of interviews, I Thought It Was Just Me shines a long-overdue light on an important truth: Our imperfections are what connect us to each other and to our humanity. Our vulnerabilities are not weaknesses; they are powerful reminders to keep our hearts and minds open to the reality that we're all in this together.
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I'm sure its great if you are a mother ....
- By Leslie A Hill on 08-09-11
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Mythology: Mega Collection
- Classic Stories from the Greek, Celtic, Norse, Japanese, Hindu, Chinese, Mesopotamian and Egyptian Mythology
- By: Scott Lewis
- Narrated by: Madison Niederhauser, Oliver Hunt
- Length: 31 hrs and 37 mins
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Do you know how many wives Zeus had? Or how the famous Trojan War was caused by one beautiful lady? Or how Thor got his hammer? Give your imagination a real treat. This Mega Mythology Collection of eight audiobooks is for you....
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An interesting set of introductions.
- By Kevin Potter on 05-30-19
By: Scott Lewis
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Impeccably Logical, Backed by 100 Specific Example
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To an extraordinary extent we continue to live in the shadow of the classical world. At every level, from languages to calendars to political systems, we are the descendants of a “classical Europe,” using frames of reference created by ancient Mediterranean cultures. As this consistently fresh and surprising new audio book makes clear, however, this was no less true for the inhabitants of those classical civilizations themselves, whose myths, history, and buildings were an elaborate engagement with an already old and revered past - one filled with great leaders and writers....
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What listeners say about Against Constitutional Originalism
Average customer ratingsReviews - Please select the tabs below to change the source of reviews.
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- Terrance
- 09-28-24
Title of my review
This was a good book. I liked this book very much. On an axis tracking the goodness of books, where leftward is more bad and rightward is more good, a vector representing this book would need to be placed to the right, if we intended for the vector representation of the book to be accurate with respect to my own assessment of this book. This was a good book. Thank you, I love you all.
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- marwalk
- 11-24-24
Constitutional Originalism is judicial chicanery
Constitutional Originalism is actually a modern theory crafted to prop up right wing judicial chicanery—this is revealed by the exhaustive survey of the Founding era Jonathan Gienapp presents in this book. Gienapp searches out the true sense of what the US Constitution meant to the people who lived in 1787, and the context that guided its practical application in the Eighteenth and early Nineteenth Centuries. Contrary to what modern Originalists would have people believe, the living constitution concept is more original (that is, true to the Founders' intent) than the Originalism theory in our contemporary time.
Gienapp lays bare the contradictory logic employed by Originalists in their attempts to discern the meaning of the Constitution solely from the text itself—the author illustrates repeatedly how Originalists fold their own reasoning back onto itself, and end up themselves unwittingly making the case for a living Constitution. Originalists slights of hand with the text do them no favors, such as their tendency to ignore the Constitution's Preamble and its emphasis on "We the People." Gienapp demonstrates that the text can only be understood in its Eighteenth Century meaning, the context of which Originalists lose altogether by interpreting the words in the Constitution through a modern day perspective that was unheard of in 1787.
Although many significant advancements in human rights were achieved by the Warren Court of the 1960s (over and against recalcitrant legislatures), an opposite Court now is in place—and taking legislative initiative may be the way forward in the 21st Century. As US Courts become increasingly right wing with more judicial benches stacked with Originalist activists, Gienapp's observations that the Founders considered actual policy decisions to be in the political realm of the legislature is a point worth rediscovering—and acting upon.
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- J. Peter Coll, Jr.
- 01-31-25
Turgid Treatise
I found the book pedantic - long on repetition and short on supporting historical evidence or examples.
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