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.
Criminalizing Motherhood and Reproductive Health with Dr. Michele Goodwin
How Women Influenced the Constitution with Mary Sarah Bilder
Are We Living Up to Our Obligations to Protect Native American Rights and Tribal Sovereignty? with John Echohawk
Surprise! You Do Not Have the Right to Vote with Rick Hasen
Who Can Hold Judges Accountable? with Aliza Shatzman
Maintaining Democracy Requires Meaningful Access to Justice with Renee Knake Jefferson
How Important is the Diversity of Our Appellate Courts in Defining Justice? with Juvaria Khan
SideBar 2023 Highlights: Defending Democracy, Challenging the Supreme Court, and Pursuing a Pluralistic Society Free from Bias with Jackie Gardina and Mitch Winick
If You Think Democracy is Guaranteed, Think Again! with David Pepper
Can We Protect Democracy from AI and Deepfakes? with Drew Liebert and Jonathan Mehta Stein
How Did the Police Become Untouchable? With Joanna Schwartz
When Religious Ideology and Public Health Collide - We All Lose! with Wendy Parmet
Are Lies and Liars Protected by the First Amendment? with Jeff Kosseff
Why Does the US Criminalize Legal Immigration? with Cesar García Hernández
The Best Beloved Thing is Justice! with Lisa Kloppenberg
Has this Supreme Court Lost Its Balance? with NPR Legal Correspondent Nina Totenberg
Is the Supreme Court Amassing Unconstitutional Power? with Stephen Vladeck
Why Do We (Still) Fail to Respect Women Under the Constitution? with Julie Suk
Has America Abandoned the Promise of a Multi-Racial Democracy? with Dr. Peniel Joseph
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