Ep. 1338: Originalism is a Psyop?
Summary
Brian McClanahan reacts to a video by left-wing attorney Leija Miller titled "Originalism is a Psych-Op," arguing that her critique is fundamentally contradictory. He contends that Miller, despite claiming to oppose judicial activism, actually seeks to preserve the progressive status quo established by the Supreme Court, revealing her true conservative desire to maintain the current federal power structure. McClanahan asserts that Miller misunderstands originalism by confusing it with textualism, insisting that the core of originalism is federalism and the strict limitation of federal power…
Topics discussed
Sponsors and show introduction
Introduction to Leija Miller's video on originalism
Critique of Miller's definitions and personal style
Robert Bork, Ted Kennedy, and judicial activism
Federalism and the fear of court reform
Analyzing the 1987 Bork confirmation hearings
Bork's views on civil rights and privacy
Liberalism, progress, and subjective definitions
Judges writing books and public influence
Big government, the New Deal, and court packing
The 14th Amendment and the Warren Court legacy
Origins of originalism and historical context
Textualism vs. Originalism: Clarifying the core
Congressional debate and the role of the courts
Strict vs. loose construction in history
Federal vs. state power and incorporation
The impossibility of objective interpretation
Conclusion: A federalist solution for America
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