Jamel Bouie

I just want to add real quickly on David's sort of explanation of common good constitutionalism or what have you.

Because I myself am actually not much of a living constitutionalist.

I'm not really an originalist either.

I think that there are multiple legitimate ways of interpreting constitutional texts, but that they are all kind of bound by the text.

So, for example, if you want to say that –

This is – I'm borrowing from Frederick Douglass here.

The ethos of the Constitution is liberty and so you have to interpret the Constitution's provisions according to that ethos.

You have to make that case still based on what the Constitution says.

You have to look for things that kind of imply or specifically say this is about liberty enhancing.

Right.

Common good constitutionalism doesn't even do that.

It really is just sort of like, I would prefer to live in a theocracy.

And so we're going to interpret the Constitution in ways that would allow that to happen.

I would prefer to live in a white ethnostate.

So we're going to interpret the Constitution in ways that would make that permissible.

I'd say it's even beyond living constitutionalism in its sort of like willingness to just say the text ought to mean whatever I want it to mean.

In terms of the court, I mean, it was striking.

Amy Coney Barrett at one point says, well, that's just not in the text.

Yeah, yeah.

She's just like, well, that's just not – you're talking about, I think, what –