evaluating Originalism: We the People Memorandum
Originalism is often dismissed based upon changing the intent and application of the Constitution. Judge Robert Bork is referred to as the father of originalism and he asserted that the U.S. Constitution states what the Framers meant to convey and that it means what the framers meant for it to mean (The Heritage Foundation, 2023). There are arguments that originalism is based upon interpretation versus construction; however, this argument is a fallacy in nature as true originalism is bound by the original meaning of the Constitution and not societal mores, normative changes, culturalist traditions, or municipal and public opinions (Gorsuch, 2019).
You are assigned to develop a Memorandum to succinctly debate the myths and facts of originalism as it applies to the U.S. Constitution. Your submission should be four pages in length (please do not exceed) consisting of the following areas:
- Describe what the theory of originalism is and why this perspective is essential as a foundation for our U.S. Constitution. In other words, what might be some of the consequences if an originalist approach is not followed?
- Illustrate the challenges and complexities associated with the interpretation of the U.S. Constitution within the lens of originalism.
- Evaluate the argument that originalism is based on interpretation and not construction.
- Locate and share two biblical beliefs that directly align with the foundation of tradition in originalism.
- How should individual Christians today live out theological principles?
Your Memorandum should be in APA Formatting; please incorporate at least three scholarly references and include in-text citations in your submission. You need a title page, four pages of content for your Memorandum, and a reference page. No abstract is required.
Make citation throughout the text
Requirements: See work
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