9 - 9-15-10Justice Scalia is associated with orginalism (in...

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Unformatted text preview: 9-15-10Justice 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 eventsOneCivil WaroFourteenth Amendment oAdvantagesIt defers problems to legislature?More democratic Similar basis for making decision? More consistentIndividuals will be viewing it from similar perspective Uniformity TraditionalAmerican rootsWhat judges should be doing?oConsMajoritarian?Majoritarian tyranny Brennan writes that originalism is arrogantDo we know what the original intent of the Framers was?oHuge issueJustice 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 wellThe Framers could not have realized it...
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9 - 9-15-10Justice Scalia is associated with orginalism (in...

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