Worse than Nothing
The Dangerous Fallacy of Originalism
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Narrated by:
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Daniel Henning
About this listen
Why originalism is a flawed, incoherent, and dangerously ideological method of constitutional interpretation
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. Three of the Supreme Court's nine justices explicitly embrace the originalist approach, as do increasing numbers of judges in the lower courts.
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 what the "original intent" of any particular provision was. Perhaps worst of all, though its supporters tout it as a politically neutral and objective method, originalist interpretation tends to disappear when its results fail to conform to modern conservative ideology.
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Amar is a Brilliant Arguer
- By MJ Schirmer on 11-16-16
By: Akhil Reed Amar
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The Bill of Rights Primer
- A Citizen's Guidebook to the American Bill of Rights
- By: Akhil Reed Amar, Les Adams
- Narrated by: Tim Lundeen
- Length: 8 hrs and 5 mins
- Unabridged
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Many Americans reference the Bill of Rights, a document that represents many of the freedoms that define the United States. Who doesn’t know about the First Amendment’s freedom of religion or Second Amendment’s right to bear arms? In this succinct volume, Akhil Reed Amar and Les Adams offer a wealth of knowledge about the Bill of Rights that goes beyond a basic understanding.The Bill of Rights Primer is an authoritative guide to all American freedoms. Uncluttered and well-organized, this audiobook is perfect for those who want to study up on the Bill of Rights without needing a law degree to do so.
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At this length, basic; but at that, great
- By Philo on 06-10-15
By: Akhil Reed Amar, and others
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The Politically Incorrect Guide to the Constitution
- By: Kevin R.C. Gutzman
- Narrated by: Tom Weiner
- Length: 6 hrs and 34 mins
- Unabridged
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Instead of the system that the Constitution intended, judges have created a system in which bureaucrats and appointed officials make most of the important policies. While the government claims to be a representative republic, somehow hot-button topics from gay marriage to the allocation of Florida's presidential electors always seem to be decided by unelected judges. What gives them the right to decide such issues? The judges say it's the Constitution.
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The best PIG to date
- By Matthew Groom on 05-16-08
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Corruption in America
- From Benjamin Franklin's Snuff Box to Citizens United
- By: Zephyr Teachout
- Narrated by: Jo Anna Perrin
- Length: 9 hrs and 36 mins
- Unabridged
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For two centuries, the Framers' ideas about political corruption flourished in the courts, even in the absence of clear rules governing voters, civil officers, and elected officials. In the 1970s, the U.S. Supreme Court began to narrow the definition of corruption, and the meaning has since changed dramatically. No case makes that clearer than Citizens United.
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Law Review+
- By Ben P. on 01-02-17
By: Zephyr Teachout
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How to Read the Constitution - and Why
- By: Kim Wehle
- Narrated by: Kim Wehle
- Length: 9 hrs and 44 mins
- Unabridged
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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
- By Anonymous User on 01-25-20
By: Kim Wehle
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How Rights Went Wrong
- Why Our Obsession with Rights Is Tearing America Apart
- By: Jamal Greene
- Narrated by: Ryan Vincent Anderson
- Length: 11 hrs and 7 mins
- Unabridged
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Rights are a sacred part of American identity. Yet they were an afterthought for the Framers. Only as a result of the racial strife that exploded during the Civil War—and a series of resulting missteps by the Supreme Court—did rights gain such outsized power. Over and again, courts have treated rights conflicts as zero-sum games in which awarding rights to one side means denying rights to others. As eminent legal scholar Jamal Greene shows in How Rights Went Wrong, we need to recouple rights with justice—before they tear society apart.
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A different way to look at rights.
- By Nicolas Pabon on 07-11-23
By: Jamal Greene
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How Alexander Hamilton Screwed Up America
- By: Brion McClanahan
- Narrated by: Thomas Rosenfeld
- Length: 7 hrs and 39 mins
- Unabridged
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He is the star of a hit Broadway musical, the face on the 10-dollar bill, and a central figure among the founding fathers. But do you really know Alexander Hamilton? Rather than lionize Hamilton, Americans should carefully consider his most significant and ultimately detrimental contribution to modern society: the shredding of the United States Constitution. Connecting the dots between Hamilton's invention of implied powers in 1791 to transgender bathrooms and same-sex marriage today, Brion McClanahan shows the origins of our modern federal leviathan.
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Thank You Audible
- By No to Statism on 10-03-18
By: Brion McClanahan
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Broken Government
- How Republican Rule Destroyed the Legislative, Executive, and Judicial Branches
- By: John W. Dean
- Narrated by: Paul Michael
- Length: 10 hrs and 5 mins
- Unabridged
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In his eighth book, Dean takes the broadest and deepest view yet of the dysfunctional chaos and institutional damage that the Republican Party and its core conservatives have inflicted on the federal government. He assesses the state of all three branches of government, tracing their decline through the presidencies of Nixon, Ford, Reagan, Bush I, and Bush II.
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Attention Policy Wonks - This is the book for you
- By Neal on 09-19-09
By: John W. Dean
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We the People
- A Progressive Reading of the Constitution for the Twenty-First Century
- By: Erwin Chemerinsky
- Narrated by: Peter Berkrot
- Length: 7 hrs and 53 mins
- Unabridged
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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
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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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No Democracy Lasts Forever
- How the Constitution Threatens the United States
- By: Erwin Chemerinsky
- Narrated by: Daniel Thomas May
- Length: 7 hrs and 23 mins
- Unabridged
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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
- By Mike Liveright on 11-29-24
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Presumed Guilty
- How the Supreme Court Empowered the Police and Subverted Civil Rights
- By: Erwin Chemerinsky
- Narrated by: Perry Daniels
- Length: 11 hrs and 45 mins
- Unabridged
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Presumed Guilty reveals how the Supreme Court allows the perpetuation of racist policing by presuming that suspects, especially people of color, are guilty.
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Required Reading
- By Robert Bragaw on 02-26-23
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The Originalism Trap
- How Extremists Stole the Constitution and How We the People Can Take It Back
- By: Madiba K. Dennie
- Narrated by: Madiba K. Dennie
- Length: 7 hrs and 21 mins
- Unabridged
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Lawyers don’t often admit this in mixed company, but Madiba Dennie wants to let you in on a secret: There's 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.
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A ray of hope in a bleak time
- By Emily S. Lakdawalla on 09-20-24
By: Madiba K. Dennie
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The Original Meaning of the Fourteenth Amendment
- Its Letter & Spirit
- By: Randy E. Barnett, Evan D. Bernick, James Oakes - foreword
- Narrated by: David de Vries
- Length: 18 hrs and 6 mins
- Unabridged
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Adopted in 1868, the Fourteenth Amendment profoundly changed the Constitution, giving the federal judiciary and Congress new powers to protect the fundamental rights of individuals from being violated by the states. Yet, according to Randy Barnett and Evan Bernick, the Supreme Court has long misunderstood or ignored the original meaning of the amendment's key clauses, covering the privileges and immunities of citizenship, due process of law, and the equal protection of the laws.
By: Randy E. Barnett, and others
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We the People
- A Progressive Reading of the Constitution for the Twenty-First Century
- By: Erwin Chemerinsky
- Narrated by: Peter Berkrot
- Length: 7 hrs and 53 mins
- Unabridged
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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
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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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Overall
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Performance
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Story
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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No Democracy Lasts Forever
- How the Constitution Threatens the United States
- By: Erwin Chemerinsky
- Narrated by: Daniel Thomas May
- Length: 7 hrs and 23 mins
- Unabridged
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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
- By Mike Liveright on 11-29-24
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Presumed Guilty
- How the Supreme Court Empowered the Police and Subverted Civil Rights
- By: Erwin Chemerinsky
- Narrated by: Perry Daniels
- Length: 11 hrs and 45 mins
- Unabridged
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Overall
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Performance
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Presumed Guilty reveals how the Supreme Court allows the perpetuation of racist policing by presuming that suspects, especially people of color, are guilty.
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Required Reading
- By Robert Bragaw on 02-26-23
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The Originalism Trap
- How Extremists Stole the Constitution and How We the People Can Take It Back
- By: Madiba K. Dennie
- Narrated by: Madiba K. Dennie
- Length: 7 hrs and 21 mins
- Unabridged
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Lawyers don’t often admit this in mixed company, but Madiba Dennie wants to let you in on a secret: There's 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.
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A ray of hope in a bleak time
- By Emily S. Lakdawalla on 09-20-24
By: Madiba K. Dennie
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The Original Meaning of the Fourteenth Amendment
- Its Letter & Spirit
- By: Randy E. Barnett, Evan D. Bernick, James Oakes - foreword
- Narrated by: David de Vries
- Length: 18 hrs and 6 mins
- Unabridged
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Adopted in 1868, the Fourteenth Amendment profoundly changed the Constitution, giving the federal judiciary and Congress new powers to protect the fundamental rights of individuals from being violated by the states. Yet, according to Randy Barnett and Evan Bernick, the Supreme Court has long misunderstood or ignored the original meaning of the amendment's key clauses, covering the privileges and immunities of citizenship, due process of law, and the equal protection of the laws.
By: Randy E. Barnett, and others
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Closing the Courthouse Door
- How Your Constitutional Rights Became Unenforceable
- By: Erwin Chemerinsky
- Narrated by: Mike Chamberlain
- Length: 9 hrs and 52 mins
- Unabridged
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The Supreme Court's decisions on constitutional rights are well known and much talked about. But individuals who want to defend those rights need something else as well: access to courts that can rule on their complaints. And on matters of access, the Court's record over the past generation has been almost uniformly hostile to the enforcement of individual citizens' constitutional rights.
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Erwin not Edwin Mr. Chamberlain
- By Kindle Customer on 01-31-17
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Reading the Constitution
- Why I Chose Pragmatism, Not Textualism
- By: Stephen Breyer
- Narrated by: Stephen Breyer
- Length: 12 hrs and 16 mins
- Unabridged
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The relatively new judicial philosophy of textualism dominates the Supreme Court. Textualists claim that the right way to interpret the Constitution and statutes is to read the text carefully and examine the language as it was understood at the time the documents were written. This, however, is not Justice Breyer’s philosophy nor has it been the traditional way to interpret the Constitution since the time of Chief Justice John Marshall. Justice Breyer recalls Marshall’s exhortation that the Constitution must be a workable set of principles to be interpreted by subsequent generations.
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Very Annoying Narration
- By Minnie I. on 04-21-24
By: Stephen Breyer
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Our Republican Constitution
- Securing the Liberty and Sovereignty of We the People
- By: Randy E. Barnett
- Narrated by: Barry Abrams
- Length: 9 hrs and 2 mins
- Unabridged
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The Constitution of the United States begins with the words "we the people". But from the earliest days of the American republic, there have been two competing notions of "the people", which led to two very different visions of the Constitution. Those who view "we the people" collectively think popular sovereignty resides in the people as a group, which leads them to favor a democratic constitution that allows the will of the people to be expressed by majority rule
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Read the book, don't listen
- By I Keep AMZN in Business on 06-23-16
By: Randy E. Barnett
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Active Liberty
- Interpreting Our Democratic Constitution
- By: Stephen Breyer
- Narrated by: Stephen Breyer
- Length: 3 hrs and 35 mins
- Unabridged
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First published in September 2005 and based on a series of lectures delivered at Harvard, Active Liberty is a tight, extremely readable, almost memoir-like guide to interpreting the Constitution. Written by a justice of the Supreme Court, it focuses on a pragmatic approach to this great document that may become crucial as the Supreme Court faces deeply divisive decisions.
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Engaging, If Somewhat Dense
- By Maki on 09-04-07
By: Stephen Breyer
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The Ideological Origins of the American Revolution
- By: Bernard Bailyn
- Narrated by: Tom Perkins
- Length: 14 hrs and 6 mins
- Unabridged
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To the original text of what has become a classic of American historical literature, Bernard Bailyn adds a substantial essay, "Fulfillment", as a postscript. Here he discusses the intense nationwide debate on the ratification of the Constitution, stressing the continuities between that struggle over the foundations of the national government and the original principles of the Revolution.
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Bernard Bailyn is a genius!
- By John M. Crean on 04-21-19
By: Bernard Bailyn
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Against Constitutional Originalism
- A Historical Critique
- By: Jonathan Gienapp
- Narrated by: Josh Innerst
- Length: 11 hrs and 37 mins
- Unabridged
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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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Constitutional Originalism is judicial chicanery
- By marwalk on 11-24-24
By: Jonathan Gienapp
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Making Our Democracy Work
- A Judge’s View
- By: Justice Stephen Breyer
- Narrated by: Luis Moreno
- Length: 10 hrs and 17 mins
- Unabridged
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Supreme Court Justice Stephen Breyer delivers an impassioned argument for the proper role of America’s highest judicial body. Examining historic and contemporary decisions by the Court, Breyer highlights the rulings that have bolstered public confidence as well as the missteps that have triggered distrust. What emerges is a unique approach - certain to be admired for years to come - to interpreting the Constitution.
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Timely
- By Don on 05-17-17
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The Shadow Docket
- How the Supreme Court Uses Stealth Rulings to Amass Power and Undermine the Republic
- By: Stephen Vladeck
- Narrated by: Jonathan Todd Ross
- Length: 11 hrs and 17 mins
- Unabridged
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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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Ratification
- The People Debate the Constitution, 1787-1788
- By: Pauline Maier
- Narrated by: Johnny Heller
- Length: 23 hrs and 5 mins
- Unabridged
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When the Constitutional Convention in Philadelphia adjourned late in the summer of 1787, the delegates returned to their states to report on the new Constitution, which had to be ratified by specially elected conventions in at least nine states. Pauline Maier recounts the dramatic events of the ensuing debate in homes, taverns, and convention halls, drawing generously on the speeches and letters of founding fathers, both familiar and forgotten, on all sides.
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History Always Repeats
- By Howard on 08-27-11
By: Pauline Maier
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A Matter of Interpretation
- Federal Courts and the Law
- By: Antonin Scalia, Amy Gutmann - editor foreword
- Narrated by: Christopher Grove
- Length: 6 hrs and 10 mins
- Unabridged
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We are all familiar with the image of the immensely clever judge who discerns the best rule of common law for the case at hand. But is this common-law mindset, which is appropriate in its place, suitable also in statutory and constitutional interpretation? In a witty and trenchant essay, Justice Scalia answers this question with a resounding negative.
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Deeper and denser but understandable
- By Danilo Josue Cardona on 07-13-24
By: Antonin Scalia, and others
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Free Speech on Campus
- By: Erwin Chemerinsky, Howard Gillman
- Narrated by: James Edward Thomas
- Length: 5 hrs and 36 mins
- Unabridged
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Can free speech coexist with an inclusive campus environment? Hardly a week goes by without another controversy over free speech on college campuses. On one side, there are increased demands to censor hateful, disrespectful, and bullying expression and to ensure an inclusive and nondiscriminatory learning environment. On the other side are traditional free speech advocates who charge that recent demands for censorship coddle students and threaten free inquiry.
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A must read for understanding the 1st Amendment!
- By Kimberly Finnegan on 12-27-18
By: Erwin Chemerinsky, and others
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The Framers' Coup
- The Making of the United States Constitution
- By: Michael J. Klarman
- Narrated by: Mike Chamberlain
- Length: 31 hrs and 45 mins
- Unabridged
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Americans revere their Constitution. However, most of us are unaware how tumultuous and improbable the drafting and ratification processes were. As Benjamin Franklin keenly observed, any assembly of men bring with them "all their prejudices, their passions, their errors of opinion, their local interests and their selfish views." One need not deny that the Framers had good intentions in order to believe that they also had interests.
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Context Matters
- By Keith on 03-18-18
What listeners say about Worse than Nothing
Average customer ratingsReviews - Please select the tabs below to change the source of reviews.
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- Ron
- 03-15-23
Thorough and detailed
Takes an a side in an ongoing debate but does so openly and as part of an intellectual engagement. Very well done.
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- Ana Kelly
- 08-27-23
As a lay person
I found it clear and understandable. A lot of complex and nuanced concepts presented that I’d never known much less considered presented in a way that I could follow and understand. Thank you to the author.
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- Jay W.
- 12-07-22
Supreme Court and Conservatism Commented On
This is an outstanding review of SCOTUS decisions over the past third of a century. It is presented by 2021’s most quoted Constitutional professor and would be a great review for any law student while it is said in plain language, showing the severe expectations of more decisions overturning settled laws to come.
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- Rita Wilper
- 03-29-23
Masterfully researched and delivered
I went to my local bookstore and ordered ten copies. I will give copies to friends who I know will be delighted as well as some cordial acquaintances who might find it upsetting. The ease with which Professor Chemerinsky presents his argument about the fallacy of originalism makes this book utterly delightful.
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- Amy Eaton
- 03-17-23
Impeccably Logical, Backed by 100 Specific Example
Read Chemerinsky's engaging book that rigorously exposes Originalism for the bogus facade it has always been. Then read a book wherein Scalia tries to justify Originalism. The comparison will reveal the underlying vagueness of Scalia's writings and arguments.
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- Andrew Kennedy
- 03-08-23
A thoughtful rebuke of Originalism
Originalism has become a major school of thought at the Supreme Court. This book offers a cutting critique of the theory. It is breezy for such a heavy topic. While aimed squarely at lawyers and politicos the book is also for a broader audience interested in the high court.
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- Bill
- 09-23-23
Well researched.
Excellent analysis of originalism. Great for lay people or lawyers. Highly recommend if you have any interest in this area.
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- Dean
- 10-21-23
A thorough look at Originalism
Mr. Chemerinsky exposes the farce of originalism for what it is a rhetorical gimmick of smoke and mirrors. We have already witnessed the buying of Justices, by Harlan Crow and the Koch brothers- something that our idealism had kept us blind too-The ideas espoused by Originalism do not comport with how I was brought up to think about or consider our Constitution (even in South Carolina). Great listen.
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