Interpreting the Constitution Flashcards
a) Original intent originalism:
what did Framers intend for specific Con’l provisions; not popular anymore (segregation, free speech)
b) Original public meaning originalism:
convention of language attaches meaning to words, regardless of intent (popular view (Scalia)); Con should be interpreted according to what words meant when ratified
i) Problem: conventions change
c) Living Constitution:
inherent in nature of Con that it should be flexible/adaptable to changing norms/tech/etc
i) When not clear, it is appropriate to take into account current issues
ii) “It is a Con we are interpreting, not a statute”
d) Attitudinalism:
when looking at determinant of USSC decisions, extra-judical characteristics (political, moral, social, religious opinion) determine decisions more so than legal precedent
