meta_pixel
Tapesearch Logo
Log in
History Unplugged Podcast

Being the Ultimate Constitutional Originalist in 2024 Means Donning a Tricorn Hat and Applying to Practice Piracy

History Unplugged Podcast

History Unplugged

Society & Culture, History

4.23.7K Ratings

🗓️ 6 June 2024

⏱️ 48 minutes

🧾️ Download transcript

Summary

Many decisions impacting the lives of Americans today adhere to a set of rules established over 200 years ago. The Constitution is in the news more than ever as politicians and Supreme Court justices battle over how literally it should be taken. Did the framers intend for Americans to follow their instructions as written for eternity? Or did they want to offer a set of guidelines that would evolve as time marched on? These are the questions today’s guest, A.J. Jacobs, author of the Year of Living Constitutionally, set out to answer.

For one year, he committed to living as the original originalist, expressing his constitutional rights using the tools, lifestyle and mindset of when they were written in 1787. He bore muskets. He wrote pamphlets with a goose quill by candlelight. He quartered soldiers. He tried to pay for goods and services with gold. He applied for a letter of marque from Congress, which would make him a legal pirate (a practice that the U.S. government sanctioned during the Revolutionary War). He gave his friends the same gift that George Washington did: a lock of his own hair. This year-long project was Jacobs’ humble attempt to figure out how to interpret the Constitution and whether we can improve the American experiment.

Transcript

Click on a timestamp to play from that location

0:00.0

Scott here with another episode of the History Unplugged Podcast.

0:07.0

The Constitution of the United States is 235 years old and the oldest continually active constitution of the world.

0:14.5

As such, many debates in American political life centered around how much a document over two

0:19.1

centuries old should govern daily life.

0:21.5

How literally should it be taken? Did the framers intend for

0:23.9

Americans to follow their instructions is written for eternity or do they want to

0:27.3

offer a set of guidelines that would evolve as time marched on? Does the Second

0:30.9

Amendment apply to anyone being able to use any weapon that would provide personal security or did it more generally mean that you shouldn't have a weapon unless you're part of a militia?

0:38.5

These are the questions that today's guest A.J. Jacob set out to answer in his new book The Year of Living Constitutionally.

0:44.3

For one year he committed to live as the original originalist.

0:47.6

Using his constitutional rights exactly the way they would have been lived out in the year 1787. He bore muskets and walked around New York carrying one.

0:55.0

He wrote pamphlets with a goose quill by Bewex candlelight. He quartered soldiers.

0:59.0

He gave gifts that George Washington personally gave to others, which is a lock of his own hair.

1:04.2

In this episode, we get deep into the meaning of the Constitution, how it's interpreted

1:08.1

by originalists, how it's interpreted by people who believe in a living Constitution, we make sense of laws that seem a little

1:13.5

bit strange today, like the Third Amendment that prohibits the quartering of

1:16.5

soldiers. We also look at laws that are still allowed that aren't practiced, like receiving

1:21.3

a letter of Mark from Congress that allows you to engage in

1:24.2

legalize piracy and how AJ Jacobs petition Congress to do such a thing and they

1:28.4

rightfully declined him. We also look at how the founding fathers believed that

1:32.2

the Constitution and the American

1:33.7

Republic was an ongoing experiment, which gave Lee way for new amendments to be added, and how

...

Please login to see the full transcript.

Disclaimer: The podcast and artwork embedded on this page are from History Unplugged, and are the property of its owner and not affiliated with or endorsed by Tapesearch.

Generated transcripts are the property of History Unplugged and are distributed freely under the Fair Use doctrine. Transcripts generated by Tapesearch are not guaranteed to be accurate.

Copyright © Tapesearch 2025.