
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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Story
The Supreme Court has always had the authority to issue emergency rulings in exceptional circumstances. But since 2017, the Court has dramatically expanded its use of the behind-the-scenes “shadow docket,” regularly making decisions that affect millions of Americans without public hearings and without explanation, through cryptic late-night rulings that leave lawyers—and citizens—scrambling. But Americans of all political stripes should be worried about what the shadow docket portends for the rule of law, argues Supreme Court expert Stephen Vladeck.
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Where was Vladeck?
- By SorenKMiller on 05-25-23
By: Stephen Vladeck
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Allow Me to Retort
- A Black Guy's Guide to the Constitution
- By: Elie Mystal
- Narrated by: Elie Mystal
- Length: 8 hrs and 59 mins
- Unabridged
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This is an easily digestible argument about what rights we have, what rights Republicans are trying to take away, and how to stop them. Mystal explains how to protect the rights of women and people of color instead of cowering to the absolutism of gun owners and bigots. He explains the legal way to stop everything from police brutality to political gerrymandering, just by changing a few judges and justices. He strips out all of the fancy jargon conservatives like to hide behind and lays bare the truth of their project to keep America forever tethered to its slaveholding past.
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Informative and Entertaining
- By Kindle Customer on 03-06-22
By: Elie Mystal
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The Case Against the Supreme Court
- By: Erwin Chemerinsky
- Narrated by: Philip Hernandez
- Length: 14 hrs and 11 mins
- Unabridged
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Both historically and in the present, the Supreme Court has largely been a failure. In this devastating book, Erwin Chemerinsky—“one of the shining lights of legal academia” (The New York Times)—shows how, case by case, for over two centuries, the hallowed Court has been far more likely to uphold government abuses of power than to stop them.
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Splendid!
- By Butch on 05-19-23
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Papyrus
- The Invention of Books in the Ancient World
- By: Irene Vallejo, Charlotte Whittle - translator
- Narrated by: Sophie Roberts
- Length: 17 hrs and 30 mins
- Unabridged
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Long before books were mass-produced, hand-copied scrolls made from Nile River reeds were the treasures of the ancient world. Emperors and pharaohs, determined to possess them, dispatched emissaries to the edges of the known world to bring them back. Exploring the deep and fascinating history of the written word, from the oral tradition to scrolls to codices, internationally bestselling author Irene Vallejo shows that books have always been a precious and precarious vehicle for civilization.
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Great read
- By Hunter Pechin on 12-15-22
By: Irene Vallejo, and others
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Bad Law
- Ten Popular Laws That Are Ruining America
- By: Elie Mystal
- Narrated by: Elie Mystal
- Length: 8 hrs and 57 mins
- Unabridged
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The New York Times bestselling author brings his trademark legal acumen and passionate snark to offer a brilliant takedown of ten shocking pieces of legislation that continue to perpetuate hate, racial bias, injustice, and inequality today—an urgent yet hopeful story for our current political climate
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He has justified anger
- By Elsa Alcala on 05-21-25
By: Elie Mystal
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Murder the Truth
- Fear, the First Amendment, and a Secret Campaign to Protect the Powerful
- By: David Enrich
- Narrated by: Michael David Axtell
- Length: 10 hrs and 43 mins
- Unabridged
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David Enrich, the New York Times Business Investigations Editor and the #1 bestselling author of Dark Towers, produces his most consequential and far-reaching investigation yet: an in-depth exposé of the broad campaign—orchestrated by elite Americans—to silence dissent and protect the powerful.
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The current threat against journalists
- By Kirk Writes on 04-04-25
By: David Enrich
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Why Nothing Works
- Who Killed Progress—and How to Bring It Back
- By: Marc J. Dunkelman
- Narrated by: David de Vries
- Length: 13 hrs and 31 mins
- Unabridged
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America was once a country that did big things—we built the world’s greatest rail network, a vast electrical grid, interstate highways, abundant housing, the Social Security system, the Tennessee Valley Authority, and more. But today, even while facing a host of pressing challenges—a housing shortage, a climate crisis, a dilapidated infrastructure—we feel stuck, unable to move the needle. Why?
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A fine contribution to the abundance discourse, but lacking in solutions
- By Squalid on 05-08-25
A compelling analysis of originalism's flaws AND argument for improvements in theory and practice
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A ray of hope in a bleak time
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A searing criticism of originalism, and an uplifting introduction to the idea of inclusive constitutionalism
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