What do SCJ’s think about interpreting the constitution?

You will now get to hear what two Supreme Court justices think about interpreting the Constitution. The video is a discussion with Justice Stephen Breyer and Justice Antonin Scalia, filmed at the Supreme Court as part of the 2010 Leon Silverman Lecture Series.

The video is available at www.c-spanvideo.org/program/Intenta  (watch 15:30-24:30 only)

Justice Scalia is considered an Originalist, and Justice Breyer is a Living Constitutionalist. In the video, they’ll talk about their different philosophies and why they approach tough cases that way.

• Justice Scalia will begin by talking about who he’s thinking of when he reads “We, the People” in the Constitution, and what those people thought about the death penalty.
• Justice Breyer will talk about how the Constitution must last indefinitely. He will list six things judges look at in difficult cases. Write them down in the chart. He will also mention which four of those Justice Scalia prefers to consider. Write them down in the chart.
• Both justices will then outline Justice Scalia’s problems with Justice Breyer’s approach. Describe Justice Scalia’s concerns.

Justice Scalia says that when deciding cases, he cares for the people who ratified the Constitution. What does he say those people thought of the death penalty?

Justice Breyer says the Constitution created a workable democracy that is supposed to last for a long time. What is a judge’s job?

List the things that Justice Breyer considers when interpreting the Constitution “in difficult cases” in the left column. List the things he says Justice Scalia is “happier” considering in the right column:

Why does Justice Breyer think his approach makes Justice Scalia nervous?

Justice Scalia says that the Constitution is not an ____________________ of change, but rather that its purpose is to ________________change. How does the Constitution provide a flexible system?