POLI 310 Chapter Notes - Chapter 42: Originalism, Living Constitution, Antonin Scalia
22 Sep 2015
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Constitutional interpretation the old fashioned way by antonin scalia. It is not about who is right or wrong, but rather who makes the call. Judges, professors, lawyers small groups known as originalists. Method of interpretation begins with the text. Interpretation should not be sloppy or strict but reasonably. Notion that the constitution grows and is a living organism. The constitution needs a society to govern in order to survive. No person shall be deprived of life, liberty, or property without due process of law . Scalia"s argument the constitution is simply a legal document with no flexibility or change. E. g the issue or right of abortion, will always remain unconstitutional. Those who believe in the living constitution and those who don"t defined in terms of conservatives and liberals. Those who believe in the living constitution believe it will bring about greater freedoms. That is not always true freedoms have been taken under the concept of the living constitution .
