issue 5- - 1 Issue Number 5 2 Issue Title Should the Court...

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1. Issue Number: 5 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.” Antonin Scalia believes that the judges must interpret and understand what the framers meant at the time that the Constitution was first written. 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. Judges have to consider the ramifications of interpreting things differently may lead to unfair trials. 5. Briefly summarize in your own words what you understand to be the author’s thesis in the YES argument: I understand 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, not strictly, but reasonably, which is basically conventional and orthodoxy. Therefore, this would benefit the justice in many cases so as not to come across as harsh and black-and-white.
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