A Debt Against the Living
An Introduction to Originalism
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Narrated by:
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Ilan Wurman
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By:
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Ilan Wurman
About this listen
Thomas Jefferson famously wrote that the earth belongs to the living. His letter to James Madison is often quoted for the proposition that we should not be bound to the "dead hand of the past", suggesting that the constitution should, instead, be interpreted as a living, breathing document. Less well-known is Madison's response, in which he said the improvements made by the dead - including the US Constitution - form a debt against the living who benefit from them.
In this illuminating book, Ilan Wurman introduces Madison's concept of originalism to a new generation and shows how it has shaped the US Supreme Court in ways that are expected to continue, following the death of Justice Antonin Scalia, one of the theory's leading proponents.
This audiobook should be listened to by anyone seeking a better understanding of originalism and its ongoing influence on the constitutional jurisprudence of the Supreme Court.
©2017 Ilan Wurman (P)2019 Ilan WurmanListeners also enjoyed...
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- Length: 14 hrs and 31 mins
- Unabridged
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From war powers to health care, freedom of speech to gun ownership, religious liberty to abortion, practically every aspect of American life is shaped by the Constitution. This vital document, along with its history of political and judicial interpretation, governs our individual lives and the life of our nation. Yet most of us know surprisingly little about the Constitution itself, and are woefully unprepared to think for ourselves about recent developments in its long and storied history.
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The Constitution-A must reading for All Americans
- By Robert on 06-12-15
By: Michael Stokes Paulsen, and others
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Hitler's American Model
- The United States and the Making of Nazi Race Law
- By: James Q. Whitman
- Narrated by: James Anderson Foster
- Length: 5 hrs and 36 mins
- Unabridged
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Nazism triumphed in Germany during the high era of Jim Crow laws in the United States. Did the American regime of racial oppression in any way inspire the Nazis? The unsettling answer is yes. James Whitman presents a detailed investigation of the American impact on the notorious Nuremberg Laws, the centerpiece anti-Jewish legislation of the Nazi regime.
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Did not we suspect this?
- By dessa on 11-04-18
By: James Q. Whitman
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The Idea of America
- Reflections on the Birth of the United States
- By: Gordon S Wood
- Narrated by: Robert Fass
- Length: 12 hrs and 58 mins
- Unabridged
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The preeminent historian of the American Revolution explains why it remains the most significant event in our history
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Sophisticated analyses
- By Roger on 01-25-12
By: Gordon S Wood
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On Liberty
- By: John Stuart Mill
- Narrated by: Gildart Jackson
- Length: 4 hrs and 58 mins
- Unabridged
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First published in 1859, John Stuart Mill's On Liberty is an exhaustive exploration of social and civic liberty, its limits, and its consequences. Mill's work is a classic of political liberalism that contains a rational justification of the freedom of the individual in opposition to the claims of the state.
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should be read by liberals and conservatives
- By Jim Hennessy on 09-13-18
By: John Stuart Mill
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Making Our Democracy Work
- A Judge’s View
- By: Justice Stephen Breyer
- Narrated by: Luis Moreno
- Length: 10 hrs and 17 mins
- Unabridged
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Supreme Court Justice Stephen Breyer delivers an impassioned argument for the proper role of America’s highest judicial body. Examining historic and contemporary decisions by the Court, Breyer highlights the rulings that have bolstered public confidence as well as the missteps that have triggered distrust. What emerges is a unique approach - certain to be admired for years to come - to interpreting the Constitution.
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Timely
- By Don on 05-17-17
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The Ideological Origins of the American Revolution
- By: Bernard Bailyn
- Narrated by: Tom Perkins
- Length: 14 hrs and 6 mins
- Unabridged
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To the original text of what has become a classic of American historical literature, Bernard Bailyn adds a substantial essay, "Fulfillment", as a postscript. Here he discusses the intense nationwide debate on the ratification of the Constitution, stressing the continuities between that struggle over the foundations of the national government and the original principles of the Revolution.
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Bernard Bailyn is a genius!
- By John M. Crean on 04-21-19
By: Bernard Bailyn
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A Short History of Ethics
- By: Alasdair MacIntyre
- Narrated by: Tim Dalgleish
- Length: 12 hrs and 20 mins
- Unabridged
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A Short History of Ethics is a significant contribution written by one of the most important living philosophers. It remains an important work, ideal for all students interested in ethics and morality.
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Great philosopher made ridiculous by accents
- By Olivia Walling on 10-04-17
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The Original Argument
- The Federalists' Case for the Constitution, Adapted for the 21st Century
- By: Glenn Beck, Pat Gray
- Narrated by: Adam Grupper
- Length: 10 hrs and 56 mins
- Unabridged
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Glenn Beck revisited Thomas Paine’s famous pre-Revolutionary War call to action in his #1 New York Times bestseller Glenn Beck’s Common Sense. Now he brings his historical acumen and political savvy to this fresh, new interpretation of The Federalist Papers.
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A must for Freedom lovers
- By Danny on 06-16-11
By: Glenn Beck, and others
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Corruption in America
- From Benjamin Franklin's Snuff Box to Citizens United
- By: Zephyr Teachout
- Narrated by: Jo Anna Perrin
- Length: 9 hrs and 36 mins
- Unabridged
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For two centuries, the Framers' ideas about political corruption flourished in the courts, even in the absence of clear rules governing voters, civil officers, and elected officials. In the 1970s, the U.S. Supreme Court began to narrow the definition of corruption, and the meaning has since changed dramatically. No case makes that clearer than Citizens United.
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Law Review+
- By Ben P. on 01-02-17
By: Zephyr Teachout
What listeners say about A Debt Against the Living
Average customer ratingsReviews - Please select the tabs below to change the source of reviews.
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- Michael
- 03-14-22
Incredible Introduction to Modern Originalism
Professor Wurman takes an interpretational philosophy that is often-times intentionally misunderstood and maligned by undisciplined judicial theorists and makes it easily digestible for those who are interested in actually understanding the Originalist view.
Even if you don't come out the other side a converted Originalist, the book is worth the short time investment, presenting a logical, methodical counter to the undisciplined judicial activism that runs rampant through American courts today, while simultaneously rebutting the idea that modern law is utterly bound by 18th-century social structures. Professor Wurman describes the inherent brilliance of the Constitution as a document both for change and for constraining the tyranny of the majority, and the superiority of the Originalist view for fully realizing that goal.
Highly recommended.
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