We the People For or Against Constitutional Originalism?
Jan 3, 2025
In this engaging discussion, Jonathan Gienapp, a Stanford professor and author of "Against Constitutional Originalism," joins Stephen Sachs, a Harvard Law expert on constitutional law, to challenge the concept of originalism in legal interpretation. They explore the historical development of originalism and its influence on landmark Supreme Court cases, including the Second Amendment debates. The conversation also touches on the role of popular sovereignty at the nation's founding, prompting listeners to reconsider how the Constitution is understood today.
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Originalism's Historical Depth
- Originalists don't take history seriously enough, often focusing narrowly on individual provisions.
- Understanding the founders' broader views on constitutionalism is crucial for interpretation.
Varieties of Originalism
- Original intent focuses on the founders' reasons for writing the Constitution.
- Public meaning originalism prioritizes how a reasonable person would understand the text.
Conceptual Drift
- Originalism suffers not just from linguistic drift, but also conceptual drift.
- Founding-era concepts like liberty, rights, and state power differed significantly from modern understandings.
