Liberals Need a Clearer Vision of the Constitution. Here's What It Could Look Like.

July 5, 2022

Guests: Larry Kramer

Larry Kramer is a constitutional law scholar, former dean of Stanford Law School and president of the Hewlett Foundation, known for his work on popular constitutionalism.

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About this episode

Klein speaks with constitutional scholar Larry Kramer about why liberals need their own affirmative vision of the Constitution. Kramer, a leading proponent of 'popular constitutionalism,' argues that progressives ceded constitutional interpretation to the right and must reclaim it — not just as a legal project but as a democratic one. They discuss the history of how the Court's role expanded, why originalism gained dominance, and what a liberal constitutionalism centered on democratic self-government and equality could look like. The conversation is both theoretical and strategic: with a conservative supermajority on the Court, Kramer argues, liberals cannot win by playing the right's game — they need a different theory of what the Constitution is for.

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