Adam Winkler
Episodes
Notes
Factually! with Adam Conover · Guns, Corporations & The Constitution w/ Adam Winkler
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Why Does the Constitution Play Such a Significant Part in American Politics
Americans tend to revere the constitution and use it as a central point in political debate because the language of the constitution is vague and opens room for interpretation. Freedom of speech, equal protection of the law ...etc. Almost anything can fit in some shape of form under one of the principles in the Constitution, but we cannot be present for the original writing in order to confirm the exact original intend.
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Did the Founding Fathers Intend Today's Second Amendment?
When the Constitution was written, gun ownership was not thought of as means of protection for a family. Gunpowder was very explosive so you would not want to actually store it in your home, and guns were very basic, where it would take a minute just to reload it after shooting. If someone were to break into your house at the time, you would not use a gun as first means of defence.
As times went by, however, the social norms around gun ownership have changed and the focus on self-defence have become more prevalent, to the point where the Supreme Court justices are now interpreting the second amendment in a way in which it was perhaps not intended.
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What Is the Constitution
Adam Winkler, professor of constitutional law at the UCLA School of Law, explains the constitution as the founding document which establishes the federal government, relationship between the branches of the government, and the relationship between the federal government and the states. It also establishes a set of individual rights that you can claim to prevent the government from doing certain things.
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When Did the 'fire in a Crowded Theater' Limit on Free Speech Appear?
On Factually, Adam Conover says the First Amendment's freedom of speech did not work, for much of American history, the way schools teach it now. The limit people remember, a clear and present danger such as shouting fire in a crowded theater, is a standard that protects political advocacy and was not enunciated until 1919, so that level of protection is about a century old. He sets the point up before introducing UCLA law professor Adam Winkler, author of Gunfight: The Battle Over the Right to Bear Arms in America and We the Corporations: How American Businesses Won Their Civil Rights.