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Law

Originalism vs. Living Constitution: Theories of Constitutional Interpretation

Quick fact

Originalism is not a single theory; it includes 'original intent' and 'original public meaning' versions. Living constitutionalism similarly has variants like 'common-law constitutionalism' and the concept of 'brooding omnipresence.'

Why this is interesting

The U.S. Constitution says nothing about who gets to define its words. How do judges decide whether a right is 'cruel and unusual' in a world the Founders could never have imagined?