Sunday, December 13, 2009


USAToday's Supreme Court reporter, Joan Biskupic has authored a bio of  Justice Antonin Scalia, reviewed at the link by Emily Bazelon of Slate

The most important debate about constitutional interpretation is personified by Justice Scalia who argues for an original meaning interpretation of our constitution--that is, jurists need to ask themselves what did the words of the U.S. Constitution mean at the time it was drafted.   The leading alternate interpretive orientation (held to some extent or another by nearly every other Justice, except Clarence Thomas) is the "living constitution"--which has it that the constitution is a dynamic document that should be viewed as adaptive to modern situations and unforseen legal disputes.

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