This holiday season, we wish you peace, joy, and a new Supreme Court. In Part 1 of our discussion, we pulled the mask off originalism and called it what it is: the Southern Strategy of our courts, a legal laundering scheme for white terrorism. In Part 2, we discuss how to take our courts back from GOP extremism to protect our Constitution–before it rips apart our country. To hear this week’s full bonus show, subscribe at Patreon.com/Gaslit and support our independent journalism.
According to legal scholar Madiba Dennie, author of The Originalism Trap: How Extremists Stole the Constitution and How We the People Can Take It Back, the answer is finally taking the Constitution at its word. The Constitution was built on principles from Enlightenment ideas that fueled the American Revolution: human equality, self-government, and the radical notion that legitimacy flows from the people, not from tradition or bloodlines. We fought a Civil War to finally live up to those ideals. In the Reconstruction era, through the 13th, 14th, and 15th Amendments , the Constitution was fundamentally transformed into a document meant to support a multiracial democracy, one that promised equal protection, due process, and citizenship not tied to race.
Taking back the Supreme Court means delegitimizing originalism and replacing it with a constitutional vision aligned with democracy itself. A Constitution that works for everyone. A Court that understands its job is not to drag us backward, but to help the country finally live up to its founding promises.
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This content originally appeared on Gaslit Nation and was authored by Andrea Chalupa.
This post was originally published on Radio Free.