Ep. 1325: Should We Scrap The Constitution?
Summary
Brion McClanahan promotes his new book, *The Essential Originalist Papers*, which compiles 77 ratification-era documents to define the Constitution's original meaning. He argues that the Constitution effectively died in 1789 with the Judiciary Act and was further eroded by John Marshall’s judicial activism and the 14th Amendment, which he views as a "new constitution" that enabled federal overreach. McClanahan critiques the "post-liberal right" for abandoning constitutional guardrails, warning that this pragmatism allows the left to act without restraint. He concludes that federalism and st…
Topics discussed
Sponsors and introduction to the Essential Originalist Papers
Overview of the 77 ratification documents and key figures
The Constitution's death: Judiciary Act and McCulloch v. Maryland
John Marshall's restructuring of federal power and the rise of pragmatism
Calhoun's critique of unconstitutional legislation and executive power
The danger of the post-liberal right abandoning constitutional guardrails
Historical examples of executive overreach from Washington to Lincoln
Executive government and the abuse of power by modern presidents
Judicial supremacy and the 14th Amendment as a new constitution
Federalism still works: The Minnesota immigration standoff example
Why the Founders chose a written constitution over unwritten tradition
The structural integrity of the Constitution and the threat of originalism
Conclusion: The role of states in checking federal overreach
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