Procedures

• WARM-UP:

  Have the students begin class by responding to the following question:

  • How has life changed since the ratification of the Constitution? Should this impact how we apply the Constitution?

• INTRODUCTION:

  Provide a brief review about the role of the Constitution in our system of government. Use the following clip and questions to introduce the topic of Constitutional interpretation.

• VIDEO CLIP 1: How to Interpret the Constitution (1:42)

  • What controversial issues are impacted by how people interpret the Constitution?

  • Explain the different ways that Mr. Rosen says that the Constitution can be interpreted.

  • Why is Constitutional interpretation important?

• EXPLORATION:

  Use the previous video clip to discuss the importance of Constitutional interpretation and introduce different interpretations of the Constitution. To explore the different interpretations, have the students either watch the video clips and complete the note-taking chart individually or through a jigsaw format. Student can also use the guiding questions associated with each video clip to help them understand the concepts. Students will provide the following information:

  • Summarize the Constitutional interpretations discussed in the clip. What examples are provided?

  • What questions and issues about interpreting the Constitution are discussed in the clip?

• HANDOUT: How Should the Constitution be Interpreted? (Google Doc)

• VIDEO CLIP 2: The Living Constitution vs Originalism (5:15)

  • What is meant by the Constitution being a "living document?"

  • What arguments does Justice Breyer provide for the Constitution being a living document?

  • What is meant by "originalism?"

  • How does Justice Scalia use the Eighth Amendment to explain originalism?

• VIDEO CLIP 3: Justice Kagan on Constitutional Interpretation (3:27)

  • According to Justice Kagan, why did the framers of the Constitution leave parts vague?

  • How is the 14th Amendment an example of an unclear Constitutional provision?

  • Explain the role of previous court cases in interpreting the Constitution. What are arguments for doing this?

• VIDEO CLIP 4: Justice Sotomayor on Originalism and the Living Constitution (3:36)

  • How is Justice Scalia's opinion in the video game case an example of originalism?

  • What is meant by the Constitution not being a "dead document" but a "living one?"

  • Explain the example that Justice Sotomayor provides when explain the living Constitution theory.

• VIDEO CLIP 5: Originalism and Justice Thomas (3:27)

  • According to Mr. Magnet, how does Justice Thomas justify his originalist interpretation of the Constitution?

  • How does the amendment process relate to an originalist interpretation of the Constitution?

  • What is Justice Thomas' view on following precedent and stare decisis?

• VIDEO CLIP 6: Literal Interpretation and Originalism (5:06)

  • According to Mr. Beuborne, what are difficulties in interpreting the Constitution literally?

  • How does originalism address some of the problems with literalism?

  • Describe the three problems of originalism that Mr. Beuborne discusses.

  • How does originalism change the debate to be about history instead of values? What is Mr. Neuborne's criticism of this?

• APPLICATION:

  After discussing and reviewing the different interpretations explored in the video clips, have the students apply what they learned to the actual text of the Constitution. For each of the Constitutional provisions on the handout linked below, provide an explanation of how it might be interpreted using an originalist perspective and a living Constitutionalist perspective. Students should consider what current issues might apply to it and what other sources of information might be helpful in interpreting this provision from each perspective.

  HANDOUT: Constitutional Interpretation Application (Google Doc)

• CONCLUSION:

  Based on what they have learned, have the students describe their own personal philosophy on how to interpret the Constitution.

• EXTENSION ACTIVITY:

  Supreme Court Oral Arguments- Listen to one of the recent Supreme Court Oral Arguments. Provide the following information as you listen to the arguments.

  • Summary of the case
  • Constitutional provision(s) relating to the case
  • How are the different sides in the case interpreting the Constitution or law differently?
  • What is your opinion on how this case should be decided?

• EXTENSION ACTIVITIES:

  Supreme Court Justices and Constitutional Interpretation- Choose a current or former Supreme Court Justice. View one of the videos linked on C-SPAN of them discussing their judicial philosophy. Provide an explanation of how they view the Constitution and the role of the court.

  Judicial Activism and Constitutional Interpretation- View the video clip of Justice Brett Kavanaugh's explanation of judicial activism. In your opinion, how does the idea of judicial activism relate to what you have learned about Constitutional interpretation?

  Current Controversies- Choose one of the following topics. Research and explain the Constitutional controversies explaining these and the different Constitutional interpretations surrounding these.

  • Gun Control

  • Roe v. Wade

  • States' Rights

  • The Affordable Care Act

• ADDITIONAL PROMPTS:

  • How can people's perspective Constitutional interpretation relate to their political ideology?
  • How are originalism and living Constitutionalism different?
  • Choose a modern issue. From an originalist perspective, how would the founding fathers interpret this issue?
  • Do people have rights not specifically stated in the Constitution? Support your argument with examples from the Constitution.
  • Why is it important for judges to have avoid the perception of making political decisions?