kings and pawns

This one is not likely to be of much interest to non-Americans. This weekend I blew through The Originalism Trap: How Extremists Stole the Constitution and How We the People can Take it Back by Madiba K. Dennie. This book delves into the originalism theory of constitutional interpretation, why it's far more ahistorical than its adherents want you to believe, and some tracks we could take to counter it.

If you aren't familiar, "originalism" is a theory of constitutional interpretation that says in order to understand the Constitution, we must interpret it as closely as we can to how the original writers would have interpreted it. It posits itself as the most true-to-history and unbiased way to interpret the Constitution. It was also a fringe theory for decades, until relatively recent political winds brought it to the forefront.

Originalism traps us in the mindset of 18th century wealthy white men and refuses to let us progress any further. Originalism says if we didn't have the right then, we can't have it now. Originalism cherry-picks its history to conveniently arrive at a conservative goalpost no matter what the real story is. I wrote an essay in grad school on why originalism is horseshit, so this book was of particular interest to me.

Dennie does a great job making this book accessible to everyone. I would strongly recommend this as a read for any one in the legal or legal-adjacent professions, but I think anyone can read and pick up what Dennie is laying down here. She summarizes the history of originalism as well as deep-diving into its most recent developments (this book was published in 2024, so it's quite recent).

Originalism has a way of making itself seem inevitable, but Dennie reveals with researched ease how untrue that is; she shows the hypocrisy and insincerity of the theory over and over. 

Dennie doesn't stop at "here's what's wrong" either--she has proposal and suggestions for how to counter the outsized influence of this once-disfavored theory and what we as citizens can do to push back against it. On the whole, while there is obviously anger and frustration in this book--feelings I share!--there is also a lot of hope and optimism. Dennie calls herself an optimist at heart, and it shows. This is not a doom-and-gloom book foreseeing an indefinite miserable political future for liberals and anyone who wants to expand rather than contract the depth and breadth of our rights. It is a justified call-out to political opportunists seeking to dress their partisanship up as rationalism, but it is also an essay on how it doesn't have to be this way.

At a brief 218 pages (plus bibliography), The Originalism Trap is easy to recommend to any fellow Americans, both as a way to understand where we're at, and a way forward, hopefully out of this extremist quagmire. Dennie can occasionally be irreverent in a way I feel detracts rather than adds to her argument, but she is also dealing with incredibly dry material that the average reader will probably struggle to stay engaged with, so I can forgive it. Very glad I picked this one up and I left feeling hopeful that there is an achievable alternative to where we are now.