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The Originalism Trap
- How Extremists Stole the Constitution and How We the People Can Take It Back
- Narrated by: Madiba K. Dennie
- Length: 7 hrs and 21 mins
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Publisher's summary
A rallying cry for a more just approach to the law that bolsters social justice movements by throwing out originalism—the theory that judges should interpret the Constitution exactly as conservatives say the Founders meant it
“The greatest trick conservatives ever pulled was convincing the world that originalism exists. This book is vital for understanding why the world sucks right now.”—Elie Mystal, author of Allow Me to Retort
There is no one true way to interpret the Constitution, but that’s not what originalists want you to think. They’d rather we be held hostage to their “objective” theory that our rights and liberties are bound by history—an idea that was once confined to the fringes of academia. Americans saw just how subjective originalism can be when the Supreme Court cherry-picked the past to deny bodily autonomy to millions of Americans in Dobbs v. Jackson Women’s Health. Though originalism is supposed to be a serious intellectual theory, a closer look reveals its many inherent faults, as it deliberately over-emphasizes a version of history that treats civil rights gains as categorically suspect. According to Madiba K. Dennie, it’s time to let it go.
Dennie discards originalism in favor of a new approach that serves everyone: inclusive constitutionalism. She disentangles the Constitution’s ideals from originalist ideology and underscores the ambition of the Reconstruction Amendments, which were adopted in the wake of the Civil War and sought to build a democracy with equal membership for marginalized persons. The Originalism Trap argues that the law must serve to make that promise of democracy real.
Seamlessly blending scholarship with sass and written for law people and laypeople alike, The Originalism Trap shows listeners that the Constitution belongs to them and how, by understanding its possibilities, they can use it to fight for their rights. As courts—and the Constitution—increasingly become political battlegrounds, The Originalism Trap is a necessary guide to what’s at stake and a vision for a more just future.
Critic reviews
“Madiba Dennie has written a devastating indictment of the false facade of originalism. Full of sharp observations and delightful humor, it is an important contribution.”—Russell Feingold, former U.S. Senator and president of the American Constitution Society
“And just when we most need her, along comes Madiba K. Dennie—one of our most brilliant young legal voices. For anyone feeling helpless about a newly monarchic court that has stripped so much from so many, this book is a reminder that ordinary people have always had the power to reshape justice, and that the time to do so is right now.”—Dahlia Lithwick, senior legal correspondent for Slate and New York Times bestselling author of Lady Justice
“Madiba Dennie has written a magnificent book that shows how conservatives, through the guise of originalism, have taken away our rights and undermined equality. She offers a powerful alternative, inclusive constitutionalism, that provides a way forward to reclaim the Constitution and advance freedom and justice.”—Erwin Chemerinsky, dean and Jesse H. Choper Distinguished Professor of Law, University of California, Berkeley, School of Law and author of We the People
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Story
America runs on women—women who are tasked with holding society together at the seams and fixing it when things fall apart. In this tour de force, acclaimed Sociologist Jessica Calarco lays bare the devastating consequences of our status quo. Holding It Together draws on five years of research in which Calarco surveyed over 4000 parents and conducted more than 400 hours of interviews with women who bear the brunt of our broken system.
By: Jessica Calarco
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The Truth About Immigration
- Why Successful Societies Welcome Newcomers
- By: Zeke Hernandez
- Narrated by: André Santana, Zeke Hernandez
- Length: 11 hrs and 13 mins
- Unabridged
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Immigration is one of the most controversial topics in the United States, typically framed as a battle between anti-immigrant conservatives and pro-immigrant liberals. Yet surprisingly, almost no one on either side of this issue seems to understand the true impact that immigrants have on any aspect of American life. In The Truth About Immigration, Wharton School professor Zeke Hernandez provides an accessible, apolitical, and evidence-based look at the effects of immigration on our local communities and our nation.
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Everyone should read this book as a public service announcement.
- By MamaE on 06-09-24
By: Zeke Hernandez
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The Dispossessed
- A Story of Asylum and the US-Mexican Border and Beyond
- By: John Washington
- Narrated by: Zac Aleman
- Length: 10 hrs and 14 mins
- Unabridged
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The Dispossessed tells the story of a twenty-four-year-old Salvadoran man, Arnovis, whose family's search for safety shows how the United States-in concert with other Western nations-has gutted asylum protections for the world's most vulnerable.
By: John Washington
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The Fall of Roe
- The Rise of a New America
- By: Elizabeth Dias, Lisa Lerer
- Narrated by: Lipica Shah
- Length: 15 hrs and 39 mins
- Unabridged
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In June 2022, Americans watched in shock as the Supreme Court reversed one of the nation’s landmark rulings. For nearly a half century, Roe was synonymous with women’s rights and freedoms. Then, suddenly, it was gone. In their groundbreaking book The Fall of Roe, Elizabeth Dias and Lisa Lerer reveal the explosive inside story of how it happened. Their investigation charts the shocking political and religious campaign to take down abortion rights and remake American families, womanhood, and the nation itself.
By: Elizabeth Dias, and others
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Worse than Nothing
- The Dangerous Fallacy of Originalism
- By: Erwin Chemerinsky
- Narrated by: Daniel Henning
- Length: 7 hrs and 9 mins
- Unabridged
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Originalism, the view that the meaning of a constitutional provision is fixed when it is adopted, was once the fringe theory of a few extremely conservative legal scholars but is now a well-accepted mode of constitutional interpretation. Noted legal scholar Erwin Chemerinsky gives a comprehensive analysis of the problems that make originalism unworkable as a method of constitutional interpretation. He argues that the framers themselves never intended constitutional interpretation to be inflexible and shows how it is often impossible to know the "original intent" of any provision.
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Impeccably Logical, Backed by 100 Specific Example
- By Amy Eaton on 03-17-23
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The Hidden History of the White House
- Power Struggles, Scandals, and Defining Moments
- By: Corey Mead
- Narrated by: Lindsay Graham, Jeremy Arthur
- Length: 8 hrs and 45 mins
- Unabridged
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For more than two centuries, the White House in Washington, DC, has been the stage for some of the most climactic moments in American history. Its walls and portraits have witnessed fierce power struggles, history-altering decisions, shocking scandals, and intimate moments among the First Family, their guests, and the staff.
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So many interesting stories!
- By Renae Briggs on 06-09-24
By: Corey Mead
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Undue Burden
- Life and Death Decisions in Post-Roe America
- By: Shefali Luthra
- Narrated by: Suehyla El-Attar Young, Shefali Luthra
- Length: 12 hrs and 22 mins
- Unabridged
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On June 24, 2022, Roe v. Wade was overturned, and the impact was immediate: by 2024, abortion was virtually unavailable or significantly restricted in 21 states. In Undue Burden, reporter Shefali Luthra traces the unforgettable stories of patients faced with one of the most personal decisions of their lives.
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Women's reproductive rights stripped
- By Constance L. Brown on 06-11-24
By: Shefali Luthra
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The Hamilton Scheme
- An Epic Tale of Money and Power in the American Founding
- By: William Hogeland
- Narrated by: William Hogeland
- Length: 17 hrs and 37 mins
- Unabridged
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Alexander Hamilton has become a global celebrity. Millions know his name and imagine knowing the man. But what did he really want for the country? What risks did he run in pursuing those vaulting ambitions? Who tried to stop him? How did they fight? It's ironic that the Hamilton revival has obscured the man's most dramatic battles and hardest-won achievements—as well as downplaying unsettling aspects of his legacy.
By: William Hogeland
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People, Power, Change
- Organizing for Democratic Renewal
- By: Marshall Ganz
- Narrated by: Marshall Ganz
- Length: 9 hrs
- Unabridged
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At a moment when our democratic abilities seem to have eroded, and political, economic, and technological forces have weakened the capacity for collective action, People, Power, and Change is a once-in-a-generation book for anyone who wants to create real and lasting change. Marshall Ganz is one of the world's leading authorities on democratic organizing, and this book is the culmination of his decades of teaching, research, and work.
By: Marshall Ganz
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The Indispensable Right
- Free Speech in an Age of Rage
- By: Jonathan Turley
- Narrated by: Jonathan Turley
- Length: 12 hrs
- Unabridged
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Free speech is a human right, and the free expression of thought is at the very essence of being human. The United States was founded on this premise, and the First Amendment remains the single greatest constitutional commitment to the right of free expression in history. Yet there is a systemic effort to bar opposing viewpoints on subjects ranging from racial discrimination to police abuse, from climate change to gender equity. The Indispensable Right places the current attacks on free speech in their proper historical, legal, and political context.
By: Jonathan Turley
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Over Ruled
- The Human Toll of Too Much Law
- By: Neil Gorsuch, Janie Nitze
- Narrated by: Neil Gorsuch, Charles Constant
- Length: 7 hrs and 30 mins
- Unabridged
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Over Ruled has descriptive copy which is not yet available from the Publisher.
By: Neil Gorsuch, and others
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Vision
- A Memoir of Blindness and Justice
- By: David S. Tatel
- Narrated by: John Lescault, David S. Tatel
- Length: 10 hrs and 18 mins
- Unabridged
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David Tatel has served nearly 30 years on America’s second highest court, the United States Court of Appeals for the D.C. Circuit, where many of our most crucial cases are resolved—or teed up for the Supreme Court. He has championed equal justice for his entire adult life; decided landmark environmental and voting cases; and embodied the ideal of what a great judge should be. Yet he has been blind for the past 50 of his 80-plus years.
By: David S. Tatel
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