Elizabeth Jo

You know, you know, one of the you've talked about Dobbs, but just to be clear, originalism is everywhere.

You know, so, for instance, there's a case from 2012 where the Supreme Court in a Scalia opinion asked the question when the police.

who didn't exist in the 18th century, used GPS, which clearly didn't exist in the 18th century.

Is that a search under the Fourth Amendment?

Scalia says, well, we need to figure out whether that would have been a search in the 18th century.

And it's an absurd premise, right?

The idea that you'd ask that very question.

So I have to ask you, talking to a Harvard history professor, when you read the history done by the originalists on the Supreme Court, how do you grade them?

You know, part of this underscores the extreme importance today of the Supreme Court, right?

Because if Article 5 is effectively dead, then everybody turns to the court.

But I think the consequence of your story is that we have this aggrandizement of the Supreme Court.

Like, that's the only place we turn to.

And the modern court has kind of almost become like this monarchical power, right?

Many of our amendments were responses to Supreme Court cases.

But there's no real check, of course, on the court, effective check on the court today.

The 99% Invisible Breakdown of the Constitution is produced by Isabel Angel, edited by committee, music by Swan Rial, mix by Martin Gonzalez.

And I'm Elizabeth Jo.

Okay, so unlike Articles 1, 2, and 3, which we've already talked about, they set up the federal government and get a lot of attention.

Article 4 does not get too much love.

Most people have no idea what it's about.