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We (Who Are Not) the People: Interpreting the Undemocratic Constitution with Milligan and Ross

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Manage episode 410208898 series 3478424
Content provided by SideBar Media and Legal Talk Network. All podcast content including episodes, graphics, and podcast descriptions are uploaded and provided directly by SideBar Media and Legal Talk Network or their podcast platform partner. If you believe someone is using your copyrighted work without your permission, you can follow the process outlined here https://player.fm/legal.

Law Professors Joy Milligan and Bertrall Ross discuss how we should interpret a Constitution that was not written for or drafted by “We the People”. The original constitution excluded women and racial minorities. The drafters and the commentators of the period were exclusively white men. Many of the subsequent amendments were adopted under "undemocratic" conditions and interpreted by courts that did not fairly reflect the population then, or now. However, there is evidence that the language and intent of the drafters was to leave "space" for future interpretation. Milligan and Ross join SideBar to promote the proposition that "We the People" will only be protected by the Constitution if the "history and tradition" of ALL the people are considered in Supreme Court interpretations.

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45 episodes

Artwork
iconShare
 
Manage episode 410208898 series 3478424
Content provided by SideBar Media and Legal Talk Network. All podcast content including episodes, graphics, and podcast descriptions are uploaded and provided directly by SideBar Media and Legal Talk Network or their podcast platform partner. If you believe someone is using your copyrighted work without your permission, you can follow the process outlined here https://player.fm/legal.

Law Professors Joy Milligan and Bertrall Ross discuss how we should interpret a Constitution that was not written for or drafted by “We the People”. The original constitution excluded women and racial minorities. The drafters and the commentators of the period were exclusively white men. Many of the subsequent amendments were adopted under "undemocratic" conditions and interpreted by courts that did not fairly reflect the population then, or now. However, there is evidence that the language and intent of the drafters was to leave "space" for future interpretation. Milligan and Ross join SideBar to promote the proposition that "We the People" will only be protected by the Constitution if the "history and tradition" of ALL the people are considered in Supreme Court interpretations.

  continue reading

45 episodes

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