constitution - 1 Issue Number 5 2 Issue Title Should the...

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2. Issue Title: Should the Court Seek the “Original Meaning” of the Constitution? 3. List the major points of the YES argument: The Constitution is a “living document” and according to Joseph Story, “it means and will always mean what it meant when it was adopted.” 4. List the major points of the NO argument: The more “originalist” judges cannot appeal to the Framers themselves in support of their interpretive views, and literalist arguments often try to show that a certain approach will have favorable out comes. The more literal approach to interpretation will better control judicial subjectivity, while literalists avoid consideration of consequences case by case. 5. Briefly summarize in your own words what you understand to be the author’s thesis in the YES argument: That keeping the Constitution the way that it is would be good for the courts because they could interpret it in their own way according to the situation, which is basically orthodoxy. Therefore would benefit the justice in many cases.
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This note was uploaded on 01/31/2009 for the course PSC 201 taught by Professor Chipbrown during the Spring '09 term at Horry-Georgetown Technical College.

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constitution - 1 Issue Number 5 2 Issue Title Should the...

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