Take the Constitution Back from Originalism: Madiba Dennie

Jun 6

Written By

June 6th, 2024

”The goal of originalism is basically to turn back time.”

Madiba Dennie is Deputy Editor and Senior Contributor at the critical legal commentary outlet Balls and Strikes. Her debut book is The Originalism Trap: How Extremists Stole the Constitution and How We The People Can Take it Back. We discuss a fresh way to interpret the Constitution.

Inclusive Constitutionalism interprets the Constitution in a way that makes inclusive democracy real. By contrast, originalism interprets the meaning of the Constitution as fixed in time in the 1800s. However, the Reconstruction Amendments that were enacted in the wake of the Civil War tried to address the status of newly freed, formerly enslaved people. The Amendments were designed to foster a multiracial democracy for the first time. In addition, the public has a role in articulating what it believes the Constitution means.