Melissa Murray: Reclaim the Constitution

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The Bulwark Daily 55 min 2 speakers 8 chapters transcribed 2 months ago
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What urgent issues regarding the Constitution are discussed?

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Tim Miller 0:25
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How does the current administration challenge constitutional limits?

Tim Miller 0:38
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Tim Miller 1:08
Hello and welcome to the Bullard Podcast. I'm your host, Tim Miller. Delighted to welcome back to the show, professor at NYU Law School, co-host of the Strict Scrutiny Podcast, and author of a new explainer on the Constitution, the U.S. Constitution, a Comprehensive and Annotated Guide for the Modern Reader. It is out today. She is holding it.

What implications does the Mifepristone case have on abortion rights?

Tim Miller 1:27
It has a salt-rimmed edge.
Melissa Murray 1:30
It's the best margarita you'll ever read.
Tim Miller 1:33
Happy Cinco de Mayo. Do some light constitution reading. I also just found out in the green room, you somehow have a child going to college, which feels impossible. You look amazing.
Melissa Murray 1:43
How is that possible? Tim, thank you. Yes, Melissa Murray has a college-aged child. Melissa Murray is in her fifth decade.

How does the Supreme Court's shadow docket affect legal proceedings?

Melissa Murray 1:51
But you know what keeps me looking so young? Keeps me looking younger than some members of this administration?
Tim Miller 1:57
What's that?
Melissa Murray 1:58
I can read the Constitution. And I do. And that's... Moisturizing and the truth. It's the real originalism. Read the Constitution. Look like a younger person.
Tim Miller 2:09
How do you think things are going with the Constitution right now?

What historical context is provided about voting rights in America?

Tim Miller 2:12
Just overall.
Melissa Murray 2:14
It's not great, Tim. I'm not going to lie. We've got Congress that seems to be asleep, somnambulant. We have a president who is asserting what I think is the most muscular vision of executive authority that we've seen in decades, maybe even ever. And we have a Supreme Court that basically does what it wants, precedent be damned, prior rulings, everything, just, you know, does whatever it wants and facilitates this administration in some of its worst excesses. So it's not great, but I think that's exactly the kind of moment where we, the people, need to intervene, read the Constitution, read what the Constitution was about, and reclaim it for ourselves.
Tim Miller 3:03
Yeah, I was so excited when I saw that this is what you're writing on.

How are the Reconstruction Amendments relevant to today's politics?

Tim Miller 3:06
When I heard Melissa Murray has a book and wants to, you know, you're always welcome on no matter the topic. But I was like, this is great for a number of reasons. But for one, as like a former Republican, maybe this is not true in the world, but I don't know. But for me, it was like, there was a period of time when the constitution was kind of Republican coded. They at least wanted to talk about it more. You know, there was like, we were the ones, it was the young Republicans that had our pocket constitutions. I've got a pocket constitution, like six drawers in the house, like an old Catholic grand. He has the pictures of the saints in every room. I've got the pocket constitution.

What reforms are suggested to address partisan gerrymandering?

Tim Miller 3:42
And I was a little cringe, I think, for the young Democrats. And I do think that in this moment, I think an effort to flip it is important and needed. Or you can object to the fact that that was ever even a thing.
Melissa Murray 3:54
Well, I mean, I think I probably would have hung out with you, young Republican or not. I was never a young Republican, but I also did have a pocket constitution. I think that was the point. I think just being a young American means you ought to have a pocket constitution because the whole point of this was that people would read it. They would debate it. They would grapple with it. And, you know, maybe this is more of a tenet of an older brand of politics.

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