Constitutional Interpretations: Originalism vs Living Constitution
The debate between those who believe the Constitution should be interpreted according to its original meaning (originalists) and those who argue it should be adapted to modern circumstances (living constitutionalists).
Real World
Justice Antonin Scalia consistently ruled against same-sex marriage rights, arguing the Constitution's text cannot be stretched beyond its 18th-century meaning, while Justice Ruth Bader Ginsburg championed a living constitution approach that allowed rights to evolve with societal change.
Exam Focus
When 'comparing' originalism and living constitutionalism, always link each approach to a named Justice and a specific landmark case.
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