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Amicus With Dahlia Lithwick | Law, justice, and the courts - How To Fix Our Broken Constitution

Slate News

Slate Podcasts

News Commentary, News, Politics

4.56K Ratings

🗓️ 6 September 2025

⏱️ 56 minutes

🧾️ Download transcript

Summary

There is a “stuckness” to American political life right now, which has become a seemingly inexorable centrifuge of polarization, victimization and power grabbing. The constitution is brandished as sword and shield, and also as though it is the word of God. Americans, it seems, have lost the ability to think creatively and expansively about the constitution, and our ability to amend it. On this week’s Amicus, Dahlia Lithwick is in conversation with Jill Lepore, whose new book “We The People: A History of The U.S. The Constitution is a thorough and bold excavation of a central, but utterly neglected part of America’s constitutional scheme: the amendment process. In her book, and in this interview, Lepore challenges Americans to rekindle their constitutional imaginations and really think about what the act of mending, repairing, or amending has meant through the nation’s history, and could mean for a country on the brink. 


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Transcript

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0:00.0

Here's the truth about AI. AI is only as powerful as the platform it's built into.

0:05.7

ServiceNow puts AI to work for people across your business, removing friction and frustration

0:11.2

for your employees, supercharging productivity for your developers, providing intelligent tools for

0:16.9

your service agents to make customers happier. all built into a single platform you can

0:21.9

use right now. That's why the world works with ServiceNow. Visit ServiceNow.com

0:27.8

slash UK slash AI for people. I'm Dahlia Lithwick and this is Amicus, Slate's podcast about the courts and the Supreme Court and the law.

0:47.1

Hello, how are you doing? It has been one hell of a week. Another one in which the outrages grow more outrageous and our path to equal justice under the law grows narrower and more perilous.

1:03.0

I'm thinking just off the top of my head about the government's attempt to deport hundreds of children that it rounded up, send them to Guatemala in the middle of the night, of troops in the streets, and extrajudicially blowing up foreign vessels, and of canceled vaccines.

1:21.5

Mark Joseph Stern and I are going to be tackling some of these outrages in our bonus episode for Plus members.

1:26.6

You can listen to it right after this one.

1:30.3

But first.

1:32.0

We've kind of left the idea of amendment behind, and it is meant to be the thing that you can do so that you don't kill one another.

1:39.6

And that's what's so beautiful about it, right?

1:41.9

Like this will be the protection against

1:44.3

insurrection, against the United States devolving into insurrectionary politics. If we could

1:49.4

just fix things on our own when things aren't working well, then we will be sure that we won't

1:55.4

start killing one another. There's a creeping sense that the United States is just broken and broken in ways that are unfixable.

2:04.9

But today's show is about rekindling the possibility of repair.

2:09.7

Now, we have devoted a good amount of energy in recent years to thinking and talking about an American constitution that is, as Justice Antonin Scalia famously described it,

2:19.5

quote, dead, dead. The forces that brought us originalism, including Scalia,

2:24.9

worked very hard to establish a world in which the Constitution means no more and no less than it meant at the time of its drafting.

2:32.4

You get what you get and you don't get upset.

...

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