A rallying cry for a more just approach to the law that bolsters social justice movements by throwing out originalismthe theory that judges should interpret the Constitution exactly as conservatives say the Founders meant it
There is no one true way to interpret the Constitution, but thats not what originalists want you to think. Theyd rather we be held hostage to their objective theory that our rights and liberties are bound by historyan 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 Womens 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, its time to let it go.
Dennie discards originalism in favor of a new approach that serves everyone: inclusive constitutionalism. She disentangles the Constitutions 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 readers that the Constitution belongs to them and how, by understanding its possibilities, they can use it to fight for their rights. As courtsand the Constitutionincreasingly become political battlegrounds, The Originalism Trap is a necessary guide to whats at stake and a vision for a more just future.
