In our lecture, “Article III – The Courts,” we discussed the difference between two major methodologies of constitutional interpretation: “Originalism” and the “Living Constitution.” Two articles attached to Blackboard, one from Justice Scalia and one from Justice Brennan explain these ideas further. In “Originalism: The Lesser Evil,” Justice Scalia explained why he thinks Originalism is the best method to interpret the Constitution. In “The Constitution of the United States: Contemporary Ratification,” Justice Brennan argued that living constitutionalism is the most legitimate method. These two articles are attached to Blackboard in the menu tabs “Scalia: Originalism” and Brennan: Living Constitution.” Read these documents carefully. In your paper:
A. Explain, compare and contrast the main arguments of Scalia and Brennan B. Which mode of constitutional interpretation makes the most sense to you? C. Why?
