We (Who Are Not) The People: Interpreting The Undemocratic Constitution With Milligan And Ross Sidebar podcast

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

6M ago 45:58

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Indhold leveret af SideBar Media and Legal Talk Network. Alt podcastindhold inklusive episoder, grafik og podcastbeskrivelser uploades og leveres direkte af SideBar Media and Legal Talk Network eller deres podcastplatformspartner. Hvis du mener, at nogen bruger dit ophavsretligt beskyttede værk uden din tilladelse, kan du følge processen beskrevet her https://da.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

48 episoder

#Society #SideBar Media #Legal Talk Network

Artwork

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

published 6M ago

Del

MP3•Episode hjem

Indhold leveret af SideBar Media and Legal Talk Network. Alt podcastindhold inklusive episoder, grafik og podcastbeskrivelser uploades og leveres direkte af SideBar Media and Legal Talk Network eller deres podcastplatformspartner. Hvis du mener, at nogen bruger dit ophavsretligt beskyttede værk uden din tilladelse, kan du følge processen beskrevet her https://da.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

48 episoder

#Society #SideBar Media #Legal Talk Network

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