Jonathan Gienapp, "Against Constitutional Originalism: A Historical Critique" (Yale UP, 2024)

Jonathan Gienapp, "Against Constitutional Originalism: A Historical Critique" (Yale UP, 2024)

The legal theory of constitutional originalism has attracted increasing attention in recent years as the US Supreme Court has tilted with the weight of justices who self-describe as originalists. In Against Constitutional Originalism: A Historical Critique (Yale UP, 2024), Jonathan Gienapp examines the theory and describes how it falls short of achieving the interpretive authority that it claims. Gienapp asserts that we need to reconstruct 18th century legal arguments as they were originally understood before judging them, while originalists reject historical understanding in favor of a more pliable textualist approach that allows them to impose their modern legal perspectives onto the past. This "have your cake and eat it too" methodology allows originalists to claim the authority of the Founders while simultaneously discounting anything that those same Founders may have said, done, or understood that doesn't appear among the approximately 7500 words of the Constitution itself. This book speaks directly to originalists with a challenge to make a fundamental choice between recognizing how our modern constitutional practices distort the original constitution and embrace them for the modern fiction that they are, or recover the original Constitution that the Founders actually knew. Author recommended reading: The Interbellum Consitution: Union, Commerce, and Slavery in the Age of Federalisms (Yale UP, 2024) by Alison L. LaCroix Related resources: The Structure of Scientific Revolutions by Thomas S. Kuhn Edwin Meese speech to the American Bar Association in 1985 Constitutional Faith by Sanford Levinson New Books Network interview with Jonathan Gienapp, when Derek Litvak spoke with him in 2019 about The Second Creation: Fixing the American Constitution in the Founding Era (Harvard UP 2018). Learn more about your ad choices. Visit megaphone.fm/adchoices Support our show by becoming a premium member! https://newbooksnetwork.supportingcast.fm/political-science

Jaksot(1000)

Daniel A. Bell, "Why Ancient Chinese Political Thought Matters: Four Dialogues on China’s Past, Present, and Future" (Princeton UP, 2026)

Daniel A. Bell, "Why Ancient Chinese Political Thought Matters: Four Dialogues on China’s Past, Present, and Future" (Princeton UP, 2026)

Daniel A. Bell joins the podcast to discuss his new book, Why Ancient Chinese Political Thought Matters: Four Dialogues on China’s Past, Present, and Future (Princeton UP, 2026). This isn't your stan...

15 Huhti 1h 5min

Larry M. Bartels and Katherine J. Cramer, "The Politics of Social Change: From the Sixties to the Present Through the Eyes of a Generation" (U Chicago Press, 2026)

Larry M. Bartels and Katherine J. Cramer, "The Politics of Social Change: From the Sixties to the Present Through the Eyes of a Generation" (U Chicago Press, 2026)

Few time periods have been as defined by waves of monumental social change as the United States during the 1960s. Even today, almost sixty years later, the era is often depicted as a triumph of social...

15 Huhti 48min

Victor Li, "Supreme Pressure: The Rejection of John J. Parker and the Birth of the Modern Supreme Court Confirmation Process" (Palgrave Macmillan, 2025)

Victor Li, "Supreme Pressure: The Rejection of John J. Parker and the Birth of the Modern Supreme Court Confirmation Process" (Palgrave Macmillan, 2025)

Supreme Pressure: The Rejection of John J. Parker and the Birth of the Modern Supreme Court Confirmation Process (Palgrave Macmillan, 2025) examines the 1930 Supreme Court nomination of John J. Parke...

15 Huhti 54min

Lisa Siraganian, "The Problem of Personhood: Giving Rights to Trees, Corporations, and Robots" (Verso, 2026)

Lisa Siraganian, "The Problem of Personhood: Giving Rights to Trees, Corporations, and Robots" (Verso, 2026)

Over the last twenty-five years, the concept of per-sonhood has become central to many contentious debates. Corporations have won free speech protections, as if they were individuals. The right to lif...

14 Huhti 44min

The Green Transition and the Politics of Lithium Extraction

The Green Transition and the Politics of Lithium Extraction

Lithium is necessary for the green transition but its mining comes with significant environmental and social harms. This is the conundrum at the core of decarbonisation, which host Licia Cianetti disc...

10 Huhti 41min

Radio ReOrient 14.2: State of the Ummah: Authoritarianism and Resistance: Bangladesh and Pakistan, Hosted by SherAli Tahreen and Shehla Khan, with Tanzeen Doha and Salman Sayyid

Radio ReOrient 14.2: State of the Ummah: Authoritarianism and Resistance: Bangladesh and Pakistan, Hosted by SherAli Tahreen and Shehla Khan, with Tanzeen Doha and Salman Sayyid

In this episode of Radio ReOrient’ s occasional series The State of the Ummah, SherAli Tahreen, Shehla Khan, Tanzeen Doha, and Salman Sayyid unpack the intertwined stories of authoritarianism and resi...

10 Huhti 1h 29min

Thorsten Gromes, "Sustaining Peace After Civil War: Insights from 48 Recent Cases" (Springer, 2026)

Thorsten Gromes, "Sustaining Peace After Civil War: Insights from 48 Recent Cases" (Springer, 2026)

Sustaining Peace After Civil War: Insights from 48 Recent Cases (Springer, 2026) examines one of the most important questions in peace research: What leads to enduring peace after civil wars, and wha...

8 Huhti 41min

Andrew Thomas Park, "Sarah Wambaugh and the Plebiscite: The Turbulent History of a Democratic Alternative to War" (Cambridge UP, 2026)

Andrew Thomas Park, "Sarah Wambaugh and the Plebiscite: The Turbulent History of a Democratic Alternative to War" (Cambridge UP, 2026)

In Sarah Wambaugh and the Plebiscite: The Turbulent History of a Democratic Alternative to War (Cambridge UP, 2026) Dr. Andrew Park tells the story of the rise and fall of the plebiscite, once seen as...

7 Huhti 1h 3min

Suosittua kategoriassa Tiede

rss-poliisin-mieli
tiedekulma-podcast
rss-mita-tulisi-tietaa
rss-tiedetta-vai-tarinaa
rss-duodecim-lehti
utelias-mieli
rss-lihavuudesta-podcast
hippokrateen-vastaanotolla
radio-antro
filocast-filosofian-perusteet
rss-sosiopodi
university-of-eastern-finland
rss-kasvatuspsykologiaa-kaikille
rss-astetta-parempi-elama-podcast
rss-ylistys-elaimille
rss-tervetta-skeptisyytta
rss-kasvikutsut