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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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Performance
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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.
By: Jack M. Balkin
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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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The Anti-Oligarchy Constitution
- Reconstructing the Economic Foundations of American Democracy
- By: Joseph Fishkin, William E. Forbath
- Narrated by: Daniel Henning
- Length: 21 hrs and 44 mins
- Unabridged
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Oligarchy is a threat to the American republic. When too much economic and political power is concentrated in too few hands, we risk losing the "republican form of government" the Constitution requires. But as Joseph Fishkin and William Forbath show in this retelling of constitutional history, a commitment to prevent oligarchy once stood at the center of a robust tradition in American political and constitutional thought.
By: Joseph Fishkin, and others
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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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The Supermajority
- How the Supreme Court Divided America
- By: Michael Waldman
- Narrated by: Robertson Dean, Michael Waldman - introduction
- Length: 11 hrs and 15 mins
- Unabridged
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In The Supermajority, Michael Waldman explores the tumultuous 2021–2022 Supreme Court term. He draws deeply on history to examine other times the Court veered from the popular will, provoking controversy, and backlash. And he analyzes the most important new rulings and their implications for the law and for American society. Waldman asks: What can we do when the Supreme Court challenges the country?
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This should be a serialized media presentation, for the return of some normalization of the Supreme Court.
- By Elaine on 06-08-23
By: Michael Waldman
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American Covenant
- How the Constitution Unified Our Nation—and Could Again
- By: Yuval Levin
- Narrated by: Leon Nixon
- Length: 10 hrs and 21 mins
- Unabridged
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Common ground is hard to find in today’s politics. In a society teeming with irreconcilable political perspectives, many people have grown frustrated under a system of government that constantly demands compromise. More and more on both the right and the left have come to blame the Constitution for the resulting discord. But the Constitution is not the problem we face; it is the solution. Blending engaging history with lucid analysis, conservative scholar Yuval Levin’s American Covenant recovers the Constitution’s true genius and reveals how it charts a path to repairing America’s fault lines.
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Thoroughly educational
- By Stanley Osekavage on 01-21-25
By: Yuval Levin
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Nine Black Robes
- Inside the Supreme Court's Drive to the Right and Its Historic Consequences
- By: Joan Biskupic
- Narrated by: Kirsten Potter
- Length: 13 hrs and 11 mins
- Unabridged
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CNN Senior Supreme Court Analyst Joan Biskupic provides an urgent and inside look at the history-making era in the Supreme Court during the Trump and post-Trump years, from its seismic shift to the Right to its controversial decisions, including its reversal of Roe v. Wade, based on access to all the key players.
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Another 3 star effort from Biskupic
- By Richard Spitaleri Jr. on 04-16-23
By: Joan Biskupic
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Where Tyranny Begins
- The Justice Department, the FBI, and the War on Democracy
- By: David Rohde
- Narrated by: Eric Jason Martin
- Length: 9 hrs and 12 mins
- Unabridged
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In Where Tyranny Begins, Pulitzer Prize-winning journalist David Rohde investigates the strategies Trump systematically used to turn the country's two most powerful law-enforcement agencies into his personal political weapons. Rohde also reveals how, during the Biden years, Justice Department non-partisan 1970s norms that Attorney General Merrick Garland reinforced inadvertently helped Trump, and could fail to deliver a trial and legal accountability by Election Day 2024.
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Review of why we fired trump
- By ludlow on 09-24-24
By: David Rohde
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The Presidents and the People
- Five Leaders Who Threatened Democracy and the Citizens Who Fought to Defend It
- By: Corey Brettschneider
- Narrated by: Stephen Bel Davies
- Length: 13 hrs and 22 mins
- Unabridged
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In this propulsive history, constitutional law and political science professor Corey Brettschneider provides a thoroughly researched account of assaults on democracy by not one such president, but five.
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Similar Presidencies to the Trump Era
- By SAOT66 on 07-29-24
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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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The Rise and Fall of the Second American Republic
- Reconstruction, 1860-1920
- By: Manisha Sinha
- Narrated by: Deepa Samuel
- Length: 21 hrs and 14 mins
- Unabridged
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A sweeping narrative that remakes our understanding of perhaps the most consequential period in American history, The Rise and Fall of the Second American Republic shows how the great contest of that age is also the great contest of our age—and serves as a necessary reminder of how young and fragile our democracy truly is.
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Managing through narration
- By Julie on 06-18-24
By: Manisha Sinha
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U.S. Constitution for Dummies
- 2nd Edition
- By: Dr. Michael Arnheim
- Narrated by: Dr. Michael Arnheim
- Length: 18 hrs and 40 mins
- Unabridged
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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.
- By JoEllen LeVitre on 08-30-20
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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.
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Extraordinary Clarity
- By Diana on 01-16-25
By: Randy E. Barnett, and others
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Invisible Rulers
- The People Who Turn Lies into Reality
- By: Renee DiResta
- Narrated by: Anna Caputo
- Length: 15 hrs
- Unabridged
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Renée DiResta’s powerful, original investigation into the way power and influence have been profoundly transformed reveals how a virtual rumor mill of niche propagandists increasingly shapes public opinion. While propagandists position themselves as trustworthy Davids, their reach, influence, and economics make them classic Goliaths—invisible rulers who create bespoke realities to revolutionize politics, culture, and society. Their work is driven by a simple maxim: if you make it trend, you make it true.
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the more things change...
- By Gina S. on 07-01-24
By: Renee DiResta
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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- 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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- 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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