Originalism vs the Common Law "Living Constitution"

 

 

We had an interesting discussion about whether the Written Constitution binds  SCOTUS or whether SCOTUS is the creator of the Living Constitution by the process of judicial amendment.

I am not assigning this article--only sharing it in case you are interested. So, here is my article on   JUSTICE SCALIA AND THE RULE OF LAW: ORIGINALISM VS. THE LIVING CONSTITUTION:

https://digitalcommons.unl.edu/lawfacpub/200/