Debate: Should SCOTUS Focus on the Original Meaning of the Constitution?
June 9, 2023
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49:35Now PlayingDebate: Should SCOTUS Focus on the Original Meaning of the Constitution?
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as posted by the channelOriginalism is a way of interpreting the Constitution. In the past, the legal theory referred to framer’s intent, but the contemporary, prevailing view of originalism is that it attempts to understand the Constitution by looking at what the public would’ve intended at the time of ratification. This theory has been used in the Roberts Supreme Court to interpret landmark cases related to race, religion, gun-safety laws, and some say abortion and could be used in others. Those who argue “yes” say the Constitution is like any other document that needs modern interpretation, even if not everything that existed in the text back then exists today. Others who argue “no” explain it doesn’t make sense to keep our laws limited to what society would've valued during the country’s founding and it risks constraining judges into one viewpoint.
In this context, we ask the question: Should the Supreme Court Focus on the Original Meaning of the Constitution?
#opentodebate #debate #Constitution #legaltheory #ratification #race #religion #gunsafetylaws #abortion # SupremeCourt
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