What is the story about?
What's Happening?
Jill Lepore, in her cover story for The Atlantic, argues that the U.S. Constitution is not a 'dead' document as originalists contend, but rather one that was intended to change and be amended over time. Lepore highlights the low amendment rate of the U.S. Constitution, noting that only 27 amendments have been ratified despite thousands being proposed. She critiques the dominance of originalism, which she claims distorts the Constitution's intended flexibility and adaptability.
Why It's Important?
Lepore's critique of originalism is significant as it challenges a prevailing judicial philosophy that influences major Supreme Court decisions. The argument for a more amendable Constitution could impact how future legal interpretations and amendments are approached, potentially leading to shifts in public policy and governance. This discussion also raises questions about the balance between historical fidelity and contemporary relevance in constitutional law.
Beyond the Headlines
Lepore's analysis suggests deeper implications for American democracy, including the potential for increased political polarization if the Constitution remains difficult to amend. The debate over originalism versus a more dynamic interpretation of the Constitution could influence legal education and public discourse, shaping how future generations understand and engage with constitutional law.
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