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The Originalism Trap
- How Extremists Stole the Constitution and How We the People Can Take It Back
- Narrated by: Madiba K. Dennie
- Length: 7 hrs and 21 mins
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Publisher's summary
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.
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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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- 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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MOVE: The Untold Story of an American Tragedy
- By: Curtis Bryant, Kevin Arbouet
- Narrated by: Tariq Trotter
- Length: 5 hrs and 19 mins
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This searing audio documentary brings listeners deep inside the unforgettable story of MOVE, gaining unprecedented access to surviving MOVE members, elected officials from the era, eyewitnesses, and historians to create an indelible portrait of an American tragedy.
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Balanced Examination of History
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The Stoic Challenge
- A Philosopher's Guide to Becoming Tougher, Calmer, and More Resilient
- By: William B. Irvine
- Narrated by: Brian Troxell
- Length: 4 hrs and 6 mins
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Some people bounce back in response to setbacks; others break. We often think that these responses are hardwired, but fortunately this is not the case. Stoicism offers us an alternative approach. Plumbing the wisdom of one of the most popular and successful schools of thought from ancient Rome, philosopher William B. Irvine teaches us to turn any challenge on its head. The Stoic Challenge, then, is the ultimate guide to improving your quality of life through tactics developed by ancient Stoics, from Marcus Aurelius and Seneca to Epictetus.
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Rehashing of points in Irvine's previous work
- By Anon a Mus on 10-17-20
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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
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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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Caffeine
- How Caffeine Created the Modern World
- By: Michael Pollan
- Narrated by: Michael Pollan
- Length: 2 hrs and 2 mins
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Michael Pollan, known for his best-selling nonfiction audio, including The Omnivores Dilemma and How to Change Your Mind, conceived and wrote Caffeine: How Caffeine Created the Modern World as an Audible Original. In this controversial and exciting listen, Pollan explores caffeine’s power as the most-used drug in the world - and the only one we give to children (in soda pop) as a treat.
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Leaves much to be desired
- By Melody H on 02-02-20
By: Michael Pollan
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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
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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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Fingerprints of the Gods
- The Quest Continues
- By: Graham Hancock
- Narrated by: Graham Hancock
- Length: 18 hrs and 31 mins
- Unabridged
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Fingerprints of the Gods is the revolutionary rewrite of history that has persuaded millions of listeners throughout the world to change their preconceptions about the history behind modern society. An intellectual detective story, this unique history audiobook directs probing questions at orthodox history, presenting disturbing new evidence that historians have tried - but failed - to explain.
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Classic in Historical Mysteries
- By Kelly on 09-05-19
By: Graham Hancock
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The American political scene today is poisonously divided, and the vast majority of white evangelicals plays a strikingly unified, powerful role in the disunion. These evangelicals raise a starkly consequential question for electoral politics: Why do they claim morality while supporting politicians who act immorally by most Christian measures? In this clear-eyed, hard-hitting chronicle of American religion and politics, Anthea Butler answers that racism is at the core of conservative evangelical activism and power.
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Similar Presidencies to the Trump Era
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Bartho deftly provides a new perspective on Reagan's political career and the Republican Party of the Reagan era while detailing the often-rancorous philosophical differences between Reaganism and southern conservatism and the resulting political conflicts. Whistling Dixie highlights a divide in the Republican Party and in American conservatism that has often been overlooked-a divide that laid the foundations for the GOP's southernization and ultimately led to the rise of Donald Trump.
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Law School for Everyone: Constitutional Law
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Americans wage many of today’s fiercest policy debates and culture wars over constitutional meaning. It’s because constitutional law is so fundamental to our democracy that law schools across the country teach the subject. It's the area of law that determines what federal and state governments are permitted to do, and what rights you have as an individual citizen of the US. Here, you'll get the same accessible, well-rounded introduction to constitutional law as a typical law student - but with the added benefit of noted constitutional scholar Eric Berger's brilliant insights.
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Read with this Neil Gorsuch!
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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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- 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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- 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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