By the People | Now It’s Your Turn
Summary
In the final episode of the "By the People" series, hosts Dahlia Lithwick and Mark Joseph Stern welcome historian Jamel Bowie to discuss popular constitutionalism. They argue that the Constitution belongs to the people, not just the Supreme Court, and urge listeners to actively shape constitutional meaning through political engagement and legislation. Bowie highlights historical examples, from Black conventions to modern protests, showing how ordinary citizens have successfully defended rights against judicial overreach.
Topics discussed
Introduction: Popular constitutionalism and the series theme
Guest introduction: Jamel Bowie
Originalism vs. the reality of 1789
The rise of judicial supremacy and court professionalization
The mythology of the non-political Supreme Court
Opinion length and the obfuscation of legal reasoning
Historical examples of political resistance to court rulings
Congressional tools to check the Supreme Court
The Court's arrogance and congressional inactivity
The Constitution as a political, not just legal, document
The unitary executive theory and authoritarian power
How ordinary people create constitutional meaning
Constitutional claims in modern protests and rallies
Unwritten norms and the evolution of constitutional text
Popular constitutionalism and the definition of liberty
Dream court reform: Rotating justices and expansion
Conclusion: Call to action for listener engagement
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