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The Living Constitution, or judicial pragmatism, is the viewpoint that the U.S. constitution holds a dynamic meaning even if the document is not formally amended. Proponents view the constitution as developing alongside society's needs and provide a more malleable tool for governments.
Antonin Gregory Scalia [n 1] (March 11, 1936 – February 13, 2016) ... In 1998, Scalia vociferously opposed the idea of a living constitution, ...
Originalism is a legal theory that bases constitutional, judicial, and statutory interpretation of text on the original understanding at the time of its adoption. Proponents of the theory object to judicial activism and other interpretations related to a living constitution framework.
The “Living Constitution” theory says its meaning, if not its text, must change to meet the needs of society, while “Originalists” argue that it should be interpreted in light of what it ...
For example, on the campaign trail in 2000, when speaking on his choices for new Supreme Court Justices, George W. Bush promised to appoint "strict constructionists in the mold of Justices Rehnquist, Scalia, and Thomas", though Thomas considers himself an originalist, and Scalia outright rejected strict construction, calling it "a degraded form ...
Reading Law: The Interpretation of Legal Texts is a 2012 book by United States Supreme Court Justice Antonin Scalia and lexicographer Bryan A. Garner.Following a foreword written by Frank Easterbrook, then Chief Judge of the US Court of Appeals for the Seventh Circuit, Scalia and Garner present textualist principles and canons applicable to the analysis of all legal texts, following by ...
"I understand my duty as a prosecutor to mean enforcing the law impartially," wrote Sassoon, a former law clerk for a conservative icon, the late Supreme Court justice Antonin Scalia.
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