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Interpreting the Constitution: Originalism vs. Living Constitutionalism
This chapter explores the contrasting approaches of originalism and living constitutionalism in interpreting the Constitution, highlighting how they lead to divergent legal rulings. It provides examples, including insights from Supreme Court Justice Clarence Thomas, to showcase the differences between focusing on the original meaning of the Constitution versus an evolving interpretation based on current societal context. The chapter sheds light on historical perspectives of free speech, sedition laws, and the founders' views on governance, touching on modern-day applications like social media and firearms.