On Point | Podcast cover image

Justice Breyer's ear notch test for our constitution

On Point | Podcast

CHAPTER

Interpreting the Constitution: Textualism vs. Pragmatism

The chapter delves into a comparison between textualism and pragmatism in interpreting the Constitution, emphasizing the importance of understanding the evolving societal values. Justice Breyer discusses the need to adapt constitutional interpretation to the modern world while considering historical practices and evolving values in decision-making. A conversation between two individuals, one being a former Supreme Court Justice, highlights the nuanced approach required, especially regarding contentious issues like the death penalty for individuals under 18 years old.

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