Categorical Imperatives Episode # 25
Happy Bill of Rights Day! Today on Categorical Imperatives I thought it would be fitting to celebrate Bill of Rights Day (The day in 1791 the first 10 amendments to the Constitution) by discussing very new research that is completely rewriting the history of our so-called Bill of Rights.We will discuss how the bill of rights wasn’t seen as a bill of rights until 941. That anytime someone tries to put this label on the first ten amendments it has ALWAYS been to justify an expansion of federal power at home, both nationally and among the several states. This recent scholarship which has only began to emerge within the last 5 years thanks to historian Pauline Meier and legal scholar Gerald Magliocca. We turn everything you thought you knew about these amendments on it’s head.
Today will be Part one, discussing the original understanding of the amendments in 1791 by those who drafted and ratified these amendments. As well as the first attempt to try applying this label to some of these amendments by figures like John Bignham and through the 14th amendment’s Incorporation Doctrine.
Tomorrow for pat two we will be looking at how the “Bill of rights” label was only truly applied to these 10 amendments by FDR as justification for his new deal and as patriotic cannon fodder to gin up fears of Hitler during WWII. Then we will finish by looking at it’s latest reinvention as a mean of giving the federal judiciary more power by using these amendments to justify a much greater expansion of Judicial Review than had ever existed before WWII
Categorical Imperatives is a podcast that applies legal theory and moral philosophy to discussions of current events, law, politics & culture.
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