Is it over now?
Secondary Rules
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Interpreting the Constitution: Originalism vs. Modern Perspectives
This chapter explores originalism as a method for interpreting the Constitution, questioning who has the authority to adapt its meanings over time. It examines the historical context of constitutional language and how differing interpretations impact contemporary legal issues, particularly in relation to the Eighth Amendment. The discussion raises critical debates on whether constitutional terms like 'cruel and unusual punishment' should reflect historical norms or modern societal values.
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