What Is Originalism, and Who Does It Leave Out?

The United States is at a tipping point, as the anti-truth movement attempts to erase the history of pivotal moments that advanced racial justice. Related to this movement, the legal theory of originalism falls short of a truthful retelling of history and therefore threatens America’s cultural memory. This episode of unpacks originalism and how it has helped fuel recent efforts to dismantle birthright citizenship, which is guaranteed under the Fourteenth Amendment and is a cornerstone of U.S. democracy. Episode guests also discuss progressive originalism, a theory that can help bring the nation closer to a truthful account of history and democratic renewal.Today's host is Karla McKanders, Director of the Thurgood Marshall Institute. She is in conversation with the following guests: - Morenike Fajana: Senior Counsel, Legal Defense Fund - Mark Joseph Stern: Senior Writer, Slate, and Co-Host, Amicus podcastThis episode was written and produced by Jakiyah Bradley. Resonate Recordings provided production support.You can learn more about this episode by visiting our landing page.If you enjoyed this episode please consider leaving a review and helping others find it! To keep up with the work of LDF please visit our website at www.naacpldf.org and follow us on social media at @naacp_ldf. To keep up with the work of the Thurgood Marshall Institute, please visit our website at www.tminstituteldf.org and follow us on Twitter at @tmi_ldf.