Understanding the US Constitution: Living vs. Originalism
Introduction
The US Constitution has seen 11,000 attempts for amendments; only 27 have been successful.
Amendments have led to significant rights and changes, such as freedom of religion, press, and women's suffrage.
The debate exists on whether the Constitution is a "living document" or a "dead" or "locked" document.
The Role of the Supreme Court
The Supreme Court interprets the Constitution.
Composed of nine justices appointed by the President and confirmed by the Senate.
Each justice has a distinct judicial philosophy for interpreting the law.
Judicial Philosophies
Living Constitutionalism
Belief that the Constitution is meant to grow and evolve with society.
Originalism
Belief that the Constitution should be interpreted based on the framers' original intentions.
Quote by Justice Antonin Scalia: "The Constitution is not a living organism. It is a legal document."
Application of Philosophies
Example: A contract's meaning may be challenged by current events (e.g., alien invasion).
An originalist would adhere to the original terms.
A living constitutionalist would reconsider in light of new circumstances.
Case Study: District of Columbia v. Heller
Focus: Gun rights and the interpretation of the Second Amendment.
Question: Is bearing arms a right or a privilege?
The Second Amendment
Text: "A well regulated militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed."
Confusion arises from its phrasing and punctuation.
Supreme Court's Interpretation
Living constitutionalists, like Justice John Paul Stevens, focus on "a well regulated militia."
Originalists, like Justice Antonin Scalia, emphasize "the right of the people to keep and bear arms."