★★★★★ 5
Originalist v Living Document , 5 - 4
Format: Hardcover
I found the author's arguments to be logical and compelling. Those who embrace the so-called originalist view of the Constitution, for example Supreme Court Justice Antonin Scalia, claim that they know - with great certainty - the absolute intent of the Constitution's authors. Further they claim that the Constitution provides specifics and principles which of course it does. It is simple to understand the specifics, but what about the principles? Principles, it seems to me, can and do have differing interpretations. One of the definitions of the word principle found in Merriam-Webster states, "a moral rule or belief that helps you know what is right and wrong and that influences your actions." As we all know, rules and beliefs frequently mean different things to different people. If it were not so, Supreme Court decisions would inevitably be decided 9 - 0.
Many are familiar with the Supreme Court's case District of Columbia v. Heller in which Justice Scalia opined that the Second Amendment shouldn't stop the U.S. from barring certain weapons. While his opinion certainly seems reasonable to me, I cannot find that principle in the Constitution. Rather it seems to be a logical conclusion based on modern society, mores, and laws - perhaps, as Professor Strauss argues, Common Law.
Whether one accepts the originalist view of the Constitution or, as I, believes a living interpretation of the great document is preferable, the one thing we can all agree on is that our nation is one of laws. To that end, it is incumbent on all citizens to accept and abide by the pronouncements of our judges, agree with them or not.
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Reviewed in the United States on November 18, 2014
