Rewriting History: The Threat of Originalism in U.S. Politics
Madiba K. Dennie exposes the risks of originalism in American politics, arguing that it selectively uses history to uphold conservative agendas and endangers modern rights.
"The core function of originalism is providing aesthetically pleasing legal flourishes around the uglier idea that things shouldn’t get better than they’ve been."
In "Historical Fanfiction: The Deceptive, Dangerous Simplicity of Originalism in American Politics," Madiba K. Dennie critiques the rise of originalism in U.S. constitutional interpretation. Originalism claims to adhere strictly to the Constitution's original public meaning, but Dennie argues it selectively uses history to uphold conservative agendas, often at the expense of marginalized groups. The article delves into the Supreme Court's rulings in cases like Dobbs v. Jackson Women’s Health Organization and New York State Rifle & Pistol Association v. Bruen, highlighting how originalist reasoning endangers modern rights by tying them to outdated contexts. Dennie warns that originalism, if unchecked, could regress societal progress.
"We might as well require a man to wear still the coat which fitted him when a boy,” he wrote, “as civilized society to remain ever under the regimen of their barbarous ancestors.” - Thomas Jefferson
Originalism supplies its own negation, one might even say, Innovation is the true American originalism.
Madiba K. Dennie
