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Unformatted text preview: 9-15-10•Justice Scalia is associated with orginalism (in accordance with the Constitution)oShould be driven by an understanding of historySpecific historical moments, not general historyWhen things were ratified Two different historical events•One•Civil WaroFourteenth Amendment oAdvantagesIt defers problems to legislature?More democratic Similar basis for making decision? •More consistent•Individuals will be viewing it from similar perspective •Uniformity Traditional•American roots•What judges should be doing?oConsMajoritarian?•Majoritarian tyranny Brennan writes that originalism is arrogant•Do we know what the original intent of the Framers was?oHuge issue•Justice Brennan realizes that society is evolving and believes that the Constitution should take that into accountoStare Decisis…. Exception for Supreme Justices?oAdvantagesAcknowledges changes in society that require the Constitution to acknowledge it as well•The Framers could not have realized it...
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- Fall '10
- Supreme Court of the United States, US Supreme Court, different historical events, Specific historical moments, Prisoner committing crime