Constitutional interpretation
In our lecture, âArticle III - The Courts,â we discussed the difference between two major methodologies of constitutional interpretation: âOriginalismâ and the âLiving Constitution.â Two articles attached to Blackboard, one from Justice Scalia and one from Justice Brennan explain these ideas further. In âOriginalism: The Lesser Evil,â Justice Scalia explained why he thinks Originalism is the best method to interpret the Constitution. In âThe Constitution of the United States: Contemporary Ratification,â Justice Brennan argued that living constitutionalism is the most legitimate method. These two articles are attached to Blackboard in the menu tabs âScalia: Originalismâ and Brennan: Living Constitution.â Read these documents carefully. In your paper:
A. Explain, compare and contrast the main arguments of Scalia and Brennan B. Which mode of constitutional interpretation makes the most sense to you? C. Why?