We (Who Are Not) the People: Interpreting the Undemocratic Constitution with Milligan and Ross
Legal Talk Network - Law News and Legal Topics
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Show Notes
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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