Throughout U.S. history, the Judicial Branch has issued controversial rulings that have had large implications on society. As Supreme Court rulings have the potential to become law, there has been much dispute surrounding the scope of their analytical approach, resulting in an “originalist” view that competes with the case for a “living constitution.” This piece contemplates these two leading schools of thought, comparing and contrasting each argument with the Federalist and Anti-Federalist sentiments from the 18th century in an attempt to build a comprehensive picture that might help us understand how the founding fathers hoped the Constitution would be employed by the U.S. Supreme Court for years to come.
"Judicial Authority in the United States,"
Pepperdine Policy Review: Vol. 11, Article 2.
Available at: https://digitalcommons.pepperdine.edu/ppr/vol11/iss1/2