Thankfully serious legal arguments can be settled through the judicial system if necessary, as the United States is also a land governed by law. Originalism is a theory focused on process, not on substance. Methods of Constitutional Interpretation | Originalism, Textualism ... Justices Get Candid About The Constitution - NPR.org The Living Constitution | University of Chicago Law School Originalism allows the dead hand of prior generations to control important contemporary issues to an extraordinary and unnecessary level of detail. The federal government can discriminate on the basis of race — for example, by banning African Americans from serving in the armed forces, or by mandating racial segregation in the D.C. schools. The Pros And Cons Of A Living Constitution. The single biggest philosophical disadvantage of the Constitution as a living document is that there's no real substantiation for any given point of view. On Originalism in Constitutional Interpretation | The National ... Pros and Cons. Vol. 113, No. 6 Symposium Essays - Northwestern University Section 1. Difference Between Originalism And The Constitution | ipl.org Define Originalism. What are the negatives and positives of Originalism ... Since then, a . Judge Richard A. Posner on Originalism and Pragmatism Originalism better respects the notion of the Constitution as a binding contract. 4 Pros and cons of constitution - Pros an Cons In the case of the United States Constitution, many political theorists share their opinion, on what they believe to be, the optimal interpretation of the document, however, only Antonin Scalia's originalist ideology repels personal and moral views during analysis and encourages understanding the Constitution as originally intended. Act as a model:Constitution influences other countries that want to be independent. Originalism sits in frank gratitude for the political, economic, and spiritual prosperity midwifed by the Constitution and the trust the Constitution places in the people to correct their own errors. In the context of United States law, originalism is a concept regarding the interpretation of the Constitution that asserts that all statements in the constitution must be interpreted based on the original understanding of the authors or the people at the time it was ratified. Justice Breyer's opinion in the recess appointments case deals a blow to originalism. "At that point, you've rendered the Constitution useless," he said. For one thing, Breyer said, every judge has the . Rights implicating abortion, sex and sexual orientation equality, and capital punishment are often thus described as issues that the Constitution does not speak to, and hence should not be recognized by the judiciary.