Self-Motivation
David Goggins
Former Navy Seal
Career Development
Bryan Cranston
Actor
Critical Thinking
Liv Boeree
International Poker Champion
Emotional Intelligence
Amaryllis Fox
Former CIA Clandestine Operative
Management
Chris Hadfield
Retired Canadian Astronaut & Author
Learn
from the world's big
thinkers
Start Learning

Annette Gordon-Reed on Constitutional Law

Gordon-Reed:    It’s a strange notion.  It’s a strange idea and I think that, well, I think the framers of the constitution, Jefferson had ideas about the constitution but he was in France while it was being written.  I think it’s a strange notion and I think they would be surprised if the idea that we would be sort of constraining ourselves based on, you know, what we thought they were thinking at that particular time.  I'm not a strict constructionist in that way.  Jefferson thought there should be a new constitution every 20 years, because you have to start over, you can’t have people.  But we’ve come to view the constitution almost like a scared document and we don’t want to fool with it and so we keep trying to, you know, make things work under it and it’s really a tough thing, but I’m not a strict constructionist.  I mean, I really think, you know, John Marshall said it’s a constitution we expound and with that suggest is that every generation of people has to come to its understanding of what liberty means and what, you know, due process means given where we are at this moment, so I don’t believe in that. 

Question: How can we explain the Supreme Court’s constructionist positions?

Gordon-Reed:    Well, they are thinking that if you, what is the, their argument be what is the constitution mean if, you know, the people who sit down and draft it and they say, you know, here’s what we want and here’s what we think constitute.  This is why we’re putting this together.  If you don’t agree with it they’d say amend it, because they know that that’s next to impossible to do politically.  It’s very, very hard to do.  So, I can understand the ideas what is the, you know, for people, there’s some people who think, well, rules are rules.  And, you know, and if the rule on its plain face says one particular thing that’s why I’m going to stick with but it doesn’t make any sense to me given that it is a constitution, it’s not a [statue of book].  It is something that has to be interpreted for ourselves and since we can’t really know what those people were doing, that’s an…it’s an illusion to think that you can read the mind of James Madison perfectly or, you know, Alexander Hamilton.

Annette Gordon-Reed analyzes those who see the Constitution through the strictest lens.

Malcolm Gladwell live! | Strangers, Storytelling, and Psychology

Join the legend of non-fiction in conversation with best-selling author and poker pro Maria Konnikova.

Big Think LIVE

Add event to your calendar

AppleGoogleOffice 365OutlookOutlook.comYahoo


Keep reading Show less

Can a quantum strategy help bring down the house?

Study finds quantum entanglement could, in principle, give a slight advantage in the game of blackjack.

Photo by Sheri Hooley on Unsplash
Surprising Science
In some versions of the game blackjack, one way to win against the house is for players at the table to work as a team to keep track of and covertly communicate amongst each other the cards they have been dealt.
Keep reading Show less

Virgin Galactic uses space tech to create new supersonic jet

The space tourism company Virgin Galactic teams up with Rolls Royce to create a new Mach 3 supersonic aircraft.

Credit: Virgin Galactic
Technology & Innovation
  • Richard Branson's Virgin Galactic has announced a partnership with Rolls Royce.
  • The space tourism company will create a new supersonic jet for super-fast travel on Earth.
  • The aircraft will travel at Mach 3 – three times the speed of sound.
Keep reading Show less

Map of the World's Countries Rearranged by Population

China moves to Russia and India takes over Canada. The Swiss get Bangladesh, the Bangladeshi India. And the U.S.? It stays where it is. 

Strange Maps

What if the world were rearranged so that the inhabitants of the country with the largest population would move to the country with the largest area? And the second-largest population would migrate to the second-largest country, and so on?

Keep reading Show less

Hulu's original movie "Palm Springs" is the comedy we needed this summer

Andy Samberg and Cristin Milioti get stuck in an infinite wedding time loop.

Gear
  • Two wedding guests discover they're trapped in an infinite time loop, waking up in Palm Springs over and over and over.
  • As the reality of their situation sets in, Nyles and Sarah decide to enjoy the repetitive awakenings.
  • The film is perfectly timed for a world sheltering at home during a pandemic.
Keep reading Show less
Quantcast