The Originalism Trap
How Extremists Stole the Constitution and How We the People Can Take It Back
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Narrated by:
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Madiba K. Dennie
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By:
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Madiba K. Dennie
About this listen
A rallying cry for a more just approach to the law that bolsters social justice movements by throwing out originalism—the theory that judges should interpret the Constitution exactly as conservatives say the Founders meant it
“The greatest trick conservatives ever pulled was convincing the world that originalism exists. This book is vital for understanding why the world sucks right now.”—Elie Mystal, author of Allow Me to Retort
There is no one true way to interpret the Constitution, but that’s not what originalists want you to think. They’d rather we be held hostage to their “objective” theory that our rights and liberties are bound by history—an idea that was once confined to the fringes of academia. Americans saw just how subjective originalism can be when the Supreme Court cherry-picked the past to deny bodily autonomy to millions of Americans in Dobbs v. Jackson Women’s Health. Though originalism is supposed to be a serious intellectual theory, a closer look reveals its many inherent faults, as it deliberately over-emphasizes a version of history that treats civil rights gains as categorically suspect. According to Madiba K. Dennie, it’s time to let it go.
Dennie discards originalism in favor of a new approach that serves everyone: inclusive constitutionalism. She disentangles the Constitution’s ideals from originalist ideology and underscores the ambition of the Reconstruction Amendments, which were adopted in the wake of the Civil War and 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.
Seamlessly blending scholarship with sass and written for law people and laypeople alike, The Originalism Trap shows listeners that the Constitution belongs to them and how, by understanding its possibilities, they can use it to fight for their rights. As courts—and the Constitution—increasingly become political battlegrounds, The Originalism Trap is a necessary guide to what’s at stake and a vision for a more just future.
©2024 Madiba Dennie (P)2024 Random House AudioListeners also enjoyed...
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Critic reviews
“Madiba Dennie has written a devastating indictment of the false facade of originalism. Full of sharp observations and delightful humor, it is an important contribution.”—Russell Feingold, former U.S. Senator and president of the American Constitution Society
“And just when we most need her, along comes Madiba K. Dennie—one of our most brilliant young legal voices. For anyone feeling helpless about a newly monarchic court that has stripped so much from so many, this book is a reminder that ordinary people have always had the power to reshape justice, and that the time to do so is right now.”—Dahlia Lithwick, senior legal correspondent for Slate and New York Times bestselling author of Lady Justice
“Madiba Dennie has written a magnificent book that shows how conservatives, through the guise of originalism, have taken away our rights and undermined equality. She offers a powerful alternative, inclusive constitutionalism, that provides a way forward to reclaim the Constitution and advance freedom and justice.”—Erwin Chemerinsky, dean and Jesse H. Choper Distinguished Professor of Law, University of California, Berkeley, School of Law and author of We the People
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- How to MindF**k a Man into Spending, Spoiling, and Sponsoring
- By: G. L. Lambert
- Narrated by: Patrick Stevens
- Length: 9 hrs and 12 mins
- Unabridged
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I have discovered a group of women who refuse to be exploited, are immune to manipulation, and who never settle in the name of love. These ladies know what they want and take what they want by beating men at their own game. Utilizing the secrets exposed in this book, these women gain power, money, and status. Men call them gold diggers, women call them hos, but they call themselves winners. This is the book that society doesn't want you to listen to….
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I spent $24,000 in 4 months
- By B.M. on 10-06-18
By: G. L. Lambert
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The Autobiography of Malcolm X
- As Told to Alex Haley
- By: Malcolm X, Alex Haley
- Narrated by: Laurence Fishburne
- Length: 16 hrs and 52 mins
- Unabridged
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Experience a bold take on this classic autobiography as it’s performed by Oscar-nominated Laurence Fishburne. In this searing classic autobiography, originally published in 1965, Malcolm X, the Muslim leader, firebrand, and Black empowerment activist, tells the extraordinary story of his life and the growth of the Human Rights movement. His fascinating perspective on the lies and limitations of the American dream and the inherent racism in a society that denies its non-White citizens the opportunity to dream, gives extraordinary insight into the most urgent issues of our own time.
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it's Nearly perfect
- By Kerry on 09-16-20
By: Malcolm X, and others
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I Thought It Was Just Me (but it isn’t)
- Telling the Truth about Perfectionism, Inadequacy, and Power
- By: Brené Brown
- Narrated by: Lauren Fortgang
- Length: 10 hrs and 44 mins
- Unabridged
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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
By: Brené Brown
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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
- Unabridged
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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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The Philosopher's Toolkit: How to Be the Most Rational Person in Any Room
- By: Patrick Grim, The Great Courses
- Narrated by: Patrick Grim
- Length: 12 hrs and 2 mins
- Original Recording
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Taught by award-winning Professor Patrick Grim of the State University of New York at Stony Brook, The Philosopher’s Toolkit: How to Be the Most Rational Person in Any Room arms you against the perils of bad thinking and supplies you with an arsenal of strategies to help you be more creative, logical, inventive, realistic, and rational in all aspects of your daily life.
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This should NOT be an audio book
- By Brooks Emerson on 03-21-20
By: Patrick Grim, and others
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My Big TOE: Awakening
- Book One of a Trilogy Unifying Philosophy, Physics, and Metaphysics
- By: Thomas Campbell
- Narrated by: Thomas Campbell
- Length: 11 hrs and 11 mins
- Unabridged
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My Big TOE: Awakening, written by a nuclear physicist in the language of contemporary culture, unifies science and philosophy, physics and metaphysics, mind and matter, purpose and meaning, the normal and the paranormal. The entirety of human experience (mind, body, and spirit) including both our objective and subjective worlds is brought together under one seamless scientific understanding.
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What a Trip (but to where?)
- By Michael on 11-26-13
By: Thomas Campbell
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Reading the Constitution
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No Democracy Lasts Forever argues that the Constitution has become a threat to American democracy and must be dramatically changed or replaced if secession is to be avoided. Deeply troubled by the Constitution's inherent flaws, Erwin Chemerinsky, the renowned dean of Berkeley law school, came to the sobering conclusion that our nearly 250-year-old founding document is responsible for the crisis now facing American democracy.
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Leftist, but he makes sense to me
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Memory and Authority
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Fights over history are at the heart of most important constitutional disputes in America. The Supreme Court's current embrace of originalism is only the most recent example of how lawyers and judges try to use history to establish authority for their positions. Jack M. Balkin argues that fights over constitutional interpretation are often fights over collective memory. Balkin shows how lawyers and judges channel history through standard forms of legal argument that shape how they use history and even what they see in history.
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Originalism, the view that the meaning of a constitutional provision is fixed when it is adopted, was once the fringe theory of a few extremely conservative legal scholars but is now a well-accepted mode of constitutional interpretation. Noted legal scholar Erwin Chemerinsky gives a comprehensive analysis of the problems that make originalism unworkable as a method of constitutional interpretation. He argues that the framers themselves never intended constitutional interpretation to be inflexible and shows how it is often impossible to know the "original intent" of any provision.
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This should be a serialized media presentation, for the return of some normalization of the Supreme Court.
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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. In this comprehensive and novel critique of originalism, Jonathan Gienapp targets originalists' unspoken assumptions about the Constitution and its history.
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Similar Presidencies to the Trump Era
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U.S. Constitution for Dummies
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Want to make sense of the US Constitution? This new edition walks you through this revered document, explaining how the articles and amendments came to be and how they have guided legislators, judges, and presidents - and sparked ongoing debates along the way. You'll get the lowdown on all the big issues - from separation of church and state to impeachment to civil rights - that continue to affect Americans' daily lives. Plus, you'll find out about the different approaches to interpretation and how the document has changed over the past 200+ years.
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Much better than I anticipated.
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The Constitution is the most significant document in America. But do you fully understand what this valuable document means to you? In How to Read the Constitution - and Why, legal expert and educator Kimberly Wehle spells out in clear, simple, and common-sense terms what is in the Constitution and most importantly, what it means. In compelling terms and including text from the United States Constitution, she describes how the Constitution’s protections are eroding.
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very biased
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We the People
- A Progressive Reading of the Constitution for the Twenty-First Century
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From gun control to reproductive health, a conservative Supreme Court will reshape the lives of all Americans for decades to come. The time to develop and defend a progressive vision of the US Constitution that protects the rights of all people is now.
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Hypocritical evaluation of the constitution
- By surya on 03-23-19
What listeners say about The Originalism Trap
Average customer ratingsReviews - Please select the tabs below to change the source of reviews.
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- Amazon Customer
- 06-23-24
A compelling analysis of originalism's flaws AND argument for improvements in theory and practice
A great interrogation of legal theory throughout US history on its own, and even better after reading Justice Breyer's ‘Reading the Constitution’. Prof. Dennie's wit and lively style bring to life the cases and legal theories so expertly analyzed by Breyer, But it's her advocacy for a better way forward that sets her work apart. Will definitely listen to this book again. Wish I also bought the Kindle version - so many quotable quotes to save for later!
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- Emily S. Lakdawalla
- 09-20-24
A ray of hope in a bleak time
Dennie exposes originalism’s hypocrisy and emptiness, provides models of how unjust judgments have been overturned in the past, and suggestions for how the present crisis can be fought, with clear explanations and wry humor. Her reading is excellent, friendly, and interesting, and the recording high quality. This is what an audiobook should be!
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- Nicholas Bishop
- 06-27-24
A searing criticism of originalism, and an uplifting introduction to the idea of inclusive constitutionalism
Dennie pretty much puts the idea of originalism through the woodchipper in this book, explaining in great detail why it's intellectually dishonest and morally repugnant. But she doesn't stop there; she offers an alternative called inclusive constitutionalism that emphasizes the as yet unfulfilled promise of the reconstruction amendments. She paints a fundamentally hopeful picture of what the country can become, while not shying away from acknowledging all the work needed to get there.
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