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Whose Constitution Is It, Anyway?: Originalism vs. The Living Constitution

podcast December 17, 2022

EPISODE SUMMARY

In this episode, the hosts discuss the Supreme Court’s upcoming decisions on the Constitutionality of Affirmative Action and the power of state legislatures to draw Congressional district lines without judicial review. Originalists say let’s figure out what the words used in the Constitution meant at the time. Proponents of a Living Constitution say let’s figure out what makes sense today.

A FEW KEY TAKEAWAYS FROM THIS EPISODE

What it means to be an originalist vs. a texualist
All about independent state legislature theory before the Supreme Court, its texualist roots, and its potential damage to our democracy
Affirmative action will likely end as we know it in 2023 at the hands of the real activist judges

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LINKS IN THIS EPISODE

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INDEPENDENT STATE LEGISLATURE CASE

Bipartisan Policy Center

“Independent State Legislature Theory Undermines Elections Principles.”

https://bipartisanpolicy.org/report/independent-state-legislature-theory/

SCOTUSblog.com

“Court seems unwilling to embrace broad version of “independent state legislature” theory.”

https://www.scotusblog.com/2022/12/court-seems-unwilling-to-embrace-broad-version-of-independent-state-legislature-theory/

NPR

“Supreme Court to hear controversial election-law case.”