Who Gets To Rewrite History? (with Jill Lepore) - Stay Tuned with Preet Recap
Podcast: Stay Tuned with Preet
Published: 2025-12-11
Duration: 1 hr 6 min
Guests: Jill Lepore
Summary
Jill Lepore discusses the complexities of interpreting history and law, particularly focusing on the U.S. Constitution and the challenges of originalism in legal decisions.
What Happened
Jill Lepore, a historian and professor, joins Preet Bharara to talk about the intersection of history and law, focusing on her latest book, 'We the People,' which delves into the history of the U.S. Constitution and amendments. She argues that the Constitution should be easier to amend and discusses the challenges posed by originalism in the judicial interpretation. Lepore, who also teaches at Harvard Law School, reflects on the differences between historical and legal methods, emphasizing that legal precedent is often seen as a form of historical method, albeit with significant differences.
Lepore criticizes the way Supreme Court justices use history to justify legal decisions, particularly originalism, which she describes as willfully partial and often lacking a comprehensive view of historical context. She notes that originalism, despite being presented as the sole legitimate means of constitutional interpretation, only became prominent in the 1980s.
The conversation then touches on the societal implications of seemingly settled issues, like reproductive rights and segregation, and how they can be undone despite longstanding precedents. Lepore highlights the volatile nature of winner-take-all rights disputes and discusses the potential need for constitutional amendments to address modern issues.
They also discuss the historical context behind the prohibition and subsequent repeal of alcohol in the United States, highlighting that the temperance movement was rooted in women's rights. Lepore argues that the prohibition was not a crazy idea given the societal constraints on women at the time.
Lepore emphasizes the importance of understanding history as a way to inform current legal and political decisions, rather than relying solely on originalist interpretations. She calls for a more nuanced understanding of the Constitution and its amendments, advocating for a system that allows for more frequent and flexible amendments to address contemporary issues.
The episode wraps up with a reflection on the upcoming 250th anniversary of the United States and how civic education and public engagement with history can shape the future. Lepore suggests that understanding the historical context of our legal and constitutional systems is crucial for maintaining a functioning democracy.
Key Insights
- The concept of originalism in constitutional interpretation, which argues for understanding the Constitution based on the intent of its framers, only gained prominence in the 1980s, despite being presented as a long-standing tradition.
- The temperance movement, which led to the prohibition of alcohol in the United States, was deeply rooted in women's rights, as it aimed to address issues like domestic violence and economic instability caused by alcohol abuse.
- The U.S. Constitution is notably difficult to amend, leading to challenges in addressing contemporary issues through formal constitutional changes, which historian Jill Lepore argues should be more flexible and frequent.
- The upcoming 250th anniversary of the United States presents an opportunity for enhanced civic education and public engagement with history, which are seen as vital for sustaining a functional democracy.