Melissa Murray: Reclaim the Constitution

The Bulwark Podcast54mMay 5, 2026

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AI-Generated Summary

In this episode of The Bulwark Podcast, host Tim Miller-Dled welcomes Professor Melissa Murray, NYU Law School faculty and co-host of Strict Scrutiny, to discuss her new book, 'The U.S. Constitution: A Comprehensive and Annotated Guide for the Modern Reader.' Murray delivers a passionate critique of the current state of American democracy, highlighting the Supreme Court’s recent evisceration of the Voting Rights Act in a 6-3 decision authored by Justice Alito. She argues that the ruling, which frames race-conscious redistricting as racial discrimination, undermines the promise of multiracial democracy and reverses decades of progress in Black political representation. Murray traces the historical roots of the Reconstruction Amendments—13th, 14th, and 15th—and emphasizes their original intent: to enforce civil rights through congressional legislation, a power now under siege. She also critiques the expansion of the Supreme Court’s shadow docket, calling it a 'tip docket' that enables undemocratic, backdoor rulings without transparency or full briefing. Other topics include the Mifepristone case, the politicization of the DOJ, the War Powers Act’s erosion, and the need for structural reforms like court term limits, DC statehood, and abolishing the Electoral College. Murray urges Americans to reclaim the Constitution through education, civic engagement, and political action, especially in the face of institutional decay and executive overreach. The episode concludes with a call to action: reading the Constitution is not just an academic exercise but a form of resistance. Murray’s book is framed as both a primer and a manifesto for democratic renewal. She stresses that while the current moment is dire, it is precisely when the people must intervene—by voting, organizing, and demanding accountability. The conversation underscores a central theme: the Constitution is not a static document but a living tool for justice, and its meaning is shaped by who reads it, who defends it, and who reclaims it.

Key Takeaways
1

The Supreme Court’s recent ruling gutting the Voting Rights Act undermines racial equity in representation and enables future voter suppression.

2

The Reconstruction Amendments were designed to empower Congress to enforce civil rights—this power is now being undermined by a conservative judiciary.

3

The shadow docket has become a tool for undemocratic, opaque rulings that bypass due process and full judicial review.

4

The president’s use of litigation and settlements against media outlets circumvents the First Amendment’s protections established in New York Times v. Sullivan.

5

Structural reforms like Supreme Court term limits, DC statehood, and abolishing the Electoral College are necessary to restore democratic legitimacy.

…and 2 more takeaways available in PodZeus

Chapters
0:00
10 min

Introducing the Constitution: A Guide for the Modern Reader

Read the Constitution, look like a younger person. How do you think things are going with the Constitution right now, just overall? It's not great, Tim. I'm not going to lie.

Highlight
10:00
12 min

The Evisceration of the Voting Rights Act

The idea that when states seek to remedy racial gerrymandering by thinking about race and constructing a map that gives minority voters an opportunity to elect candidates of their own choice, they're the ones engaging in race discrimination. I mean, that's just bonkers.

Highlight
22:00
13 min

The Reconstruction Amendments and the Original Intent of the Constitution

Murray traces the historical purpose of the 13th, 14th, and 15th Amendments, emphasizing that they were designed to dismantle slavery, establish citizenship, and guarantee voting rights. She explains how Congress was granted enforcement powers under these amendments, which directly led to the 1965 Voting Rights Act. She argues that the current Court’s colorblind interpretation of the Constitution contradicts the original intent of these amendments, which explicitly recognized race as a factor in achieving justice.

35:00
10 min

The Shadow Docket: The Court’s Secret Power

She explained to him, like, why do you call it the just the tip docket? She's like, well, it's like when people who advocate for abstinence say that if it's just the tip, it's not really sex and you're not getting a JTT. Right. She's like, but you are getting effed.

Highlight
45:00
10 min

The War Powers Act and Executive Overreach

The conversation turns to the ongoing conflict with Iran, where the administration has acted without congressional authorization. Murray argues that the War Powers Act is being ignored, raising serious constitutional questions about the separation of powers. She notes the Supreme Court’s reluctance to intervene in 'political questions,' but stresses that Congress must reclaim its authority to prevent future abuses of power.

High-Impact Quotes
The idea that when states seek to remedy racial gerrymandering by thinking about race and constructing a map that gives minority voters an opportunity to elect candidates of their own choice, they're the ones engaging in race discrimination. I mean, that's just bonkers.
Melissa Murray4:59
Viral: 90.0
She explained to him, like, why do you call it the just the tip docket? She's like, well, it's like when people who advocate for abstinence say that if it's just the tip, it's not really sex and you're not getting a JTT. Right. She's like, but you are getting effed.
Melissa Murray23:26
Viral: 85.0
The president basically usurping the court's prerogative to say what the law is. And it's not just in the context of the press, he's also doing it with these executive orders against law firms where he's telling law firms that DEI is impermissible and all of these law firms say, okay, DEI is impermissible.
Melissa Murray40:13
Viral: 82.0
Speakers

Host

Tim Miller-Dled

Guest

Melissa Murray
Topics Discussed
Voting Rights Act95%Supreme Court Shadow Docket90%Reconstruction Amendments88%Executive Overreach85%Press Freedom and Media Law82%Constitutional Reform80%Civic Education75%War Powers Act70%
People & Brands

Melissa Murray

person

45xPositive

Tim Miller-Dled

person

38xPositive

Voting Rights Act of 1965

other

20xNegative

Justice Alito

person

18xNegative

New York Times v. Sullivan

other

12xPositive

14th Amendment

other

12xPositive

Justice Thomas

person

12xNegative

Justice Kavanaugh

person

10xNeutral

15th Amendment

other

10xPositive

13th Amendment

other

8xPositive

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