The Originalism Trap by Madiba K. Dennie

THE ORIGINALISM TRAP by Madiba K. Dennie offers a well-organized and research-supported explanation of “How Extremists Stole the Constitution and How We the People Can Take it Back.” Dennie argues that applying “originalism gives the judiciary extraordinary power to put historically marginalized people ‘back in their place’ and buttress the country's longstanding stratification of power and wealth.” She convincingly points to numerous examples (e.g., Dobbs, upcoming decision in Rahimi on gun rights, court cases concerning trans youth in schools) where this has or could occur. It is scary to think about the ways that other previously guaranteed rights (e.g., same sex marriage, use of contraceptives, inter-racial marriage) could also be endangered or rescinded if the same logic were applied. Dennie devotes chapters to topics including the Due Process Clause, voting rights, and demographics (e.g., cases like Korematsu and other questions related to the Census). A final section focuses on a call for “Inclusive Constitutionalism” (emphasizing the transformative goals of the Reconstruction Amendments). Dennie assumes some basic knowledge of American institutions and processes, but this is a fascinating text for legal students and those interested in American history. Scholars like Erwin Chemerinsky (Dean of the UC Berkeley School of Law) and former Senator Russell Feingold have praised THE ORIGINALISM TRAP. Roughly thirty percent of the text is devoted to notes and bibliographic references.