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Supreme Court HIT with RUDE AWAKENING from CONSTITUTION

2025-10-22 People & Blogs
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Legal AF
Legal AF
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The Constitution as Contested History: Originalism's Roots in Reaction

Discover the origins of modern constitutional interpretation theories like originalism, tracing them directly to post-Civil War conflicts and reactions against progressive amendments. Learn how foundational debates shape contemporary legal and political battles.

Short Summary

  • Originalism emerged prominently as a conservative reaction to the Warren Court's decision in Brown v. Board of Education.
  • The period of constitutional amendment anxiety (1890–1920) established the rhetoric of constitutional veneration and the “Founding Fathers.”
  • Accusations of judicial activism against liberals provided the crucial political opening for originalists to gain ascendancy once conservatives took power.
  • This discussion maps the shifting historical interpretations used to argue for or against governing structures, from the 14th Amendment disputes to the New Deal fallout. This conversation analyzes Jill Lepore's historical examination of the U.S. Constitution, showing it is not a static text but a product of ongoing contestation. Understanding these historical flashpoints clarifies why specific legal doctrines like originalism and textualism hold such political weight today.

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Description

In Part 2, The Court of History’s Sidney Blumenthal & Sean Wilentz are joined by acclaimed historian and journalist Jill Lepore to discuss her book We the People: A History of the U.S. Constitution. They explore the book’s argument that the U.S. Constitution—far from being a static artifact—is undergirded by a history of amendment, contestation, and possibility. We the People https://a.co/d/4zZfL7n Books: The Rise of American Democracy: Jefferson to Lincoln https://a.co/d/1dLTVjG All the Powers of Earth: https://a.co/d/imrGwQx Subscribe: https://www.youtube.com/@LegalAFMTN?sub_confirmation=1 Legal AF Substack: https://substack.com/@legalaf Follow Legal AF on Bluesky: https://bsky.app/profile/legalafmtn.bsky.social Follow Michael Popok on Bluesky: https://bsky.app/profile/mspopok.bsky.social Subscribe to the Legal AF by MeidasTouch podcast here: https://podcasts.apple.com/us/podcast/legal-af-by-meidastouch/id1580828595

Top Comments (10)

@elfindelsol 2025-10-22

You can't trust anyone connected to this regime. The SCOTUS 6 has repeatedly failed America.

1.4k 82 replies
@helzapoppin9810 2025-10-22

We are going to require a series of very explicit amendments to undo the damage of this corrupt anti-american SCOTUS.

1.2k 65 replies
@JoeSterling-ij4ul 2025-10-22

No more life time appointments for SUPREME COURT!!

922 37 replies
@David-xq8wp 2025-10-22

Give immunity to a twice impeached, adjudicated sex sex offender and a convicted felon. What could go wrong?

805 34 replies
@lorettaanderson9510 2025-10-22

TERM LIMITS FOR SUPREME COURT

579 19 replies
@maleighjohnson7020 2025-10-22

Impeach these US Supreme Court judges

304 7 replies
@wanda2192 2025-10-22

We The People must petition to have the Supreme Court Justices Lifetime terms modified asap!💙💙💙💙💙💙

259 6 replies
@LeighFeinberg 2025-10-22

Obviously Supremely Compromised!

229 3 replies
@deborahbrown8277 2025-10-22

Action needs to be taken against the Supreme Court, who is also involved in crimes against humanity

139 2 replies
@kimbercole2438 2025-10-22

No life time appt for any position!

52

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