Challenging Originalism: Putting the Electoral College, Presidential Immunity, and Recent SCOTUS Decisions into Historical Context

In this episode, Stanford historian Jonathan Gienapp, a leading expert on the founding of the United States, takes a critical look at the Electoral College, presidential immunity, and Constitutional Originalists.

Is the president above the law? Is the Electoral College democratic? In this episode, historian Jonathan Gienapp critiques the mainstream use of originalism, arguing that it often neglects crucial historical context, overlooking the complexities of original public understanding. The conversation dives into recent court cases, highlighting tensions between historical interpretation and contemporary judicial practices. This is clearly illustrated in Gienapp’s discussion of the Electoral College—a uniquely American invention. He explains the historical roots of the Electoral College, the Framers’ intentions, and the criticisms it faces today. He also sheds light on how the Electoral College emerged as a compromise among less desirable options and the historical context surrounding its establishment, including issues of accountability and regional interests. The conversation also touches on ongoing debates about potential reforms, public sentiment toward a national popular vote, and the challenges of amending the Constitution in today’s contentious political landscape. Join us for an enlightening discussion that bridges history with contemporary constitutional debates.