Justice Scalia claimed to be an Originalist: did he mean only propertied white Christian men have rights? Perhaps the actual intent is still consent of all the governed. In the 21st century, are we not all entitled to participate in democracy? On this show, Professor David Schultz argues the current Supreme Court ignores and abuses history to erase our traditional rights. “We the people” clearly means more than rich white men, so despite today’s Supreme Court’s intended erosion of rights, the future is up to us.