What Is Originalism, and Who Does It Leave Out?

What Is Originalism, and Who Does It Leave Out?

From Justice Above All by The Legal Defense Fund

January 28, 2026 · 26 min · Season 4 · Episode 14

About this episode

This episode unpacks the legal theory of originalism and its implications for racial justice and birthright citizenship in the U.S.

The United States is at a tipping point, as the anti-truth movement attempts to erase the history of pivotal moments that advanced racial justice. Related to this movement, the legal theory of originalism falls short of a truthful retelling of history and therefore threatens America’s cultural memory. This episode of unpacks originalism and how it has helped fuel recent efforts to dismantle birthright citizenship, which is guaranteed under the Fourteenth Amendment and is a cornerstone of U.S....

Topics covered

  • originalism
  • racial justice
  • birthright citizenship
  • Fourteenth Amendment

Keywords

  • anti-truth movement
  • cultural memory
  • history

Mentioned in this episode

Places: The United States, America, U.S

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