Question

question how do the philosophies of originalism and living constitutionalism differ? select an answer a. originalism refers to the practice of only hearing cases in which all justices wish to grant a writ of certiorari, while living constitutionalism is the idea that the court should take a more active role in cases. b. originalism refers to the philosophy that judges must use legal precedent when making decisions, while living constitutionalism refers to the philosophy that judges should rely solely on political ideology when making decisions. c. originalism refers to the philosophy that judges should avoid overly harsh sentences, while living constitutionalism refers to the belief that harsher sentences will deter crime. d. originalism refers to the philosophy that judges should strictly adhere to the meaning of the constitution at the time of ratification when making decisions, while living constitutionalism is the philosophy that courts should consider the text of the constitution and the evolution of societal norms.

Explanation:

Originalism holds that judges should interpret the Constitution based on its original meaning at the time of ratification. Living constitutionalism posits that the Constitution is a living - document and courts should consider its text along with evolving societal norms. Options A, B, and C misstate the core tenets of these two philosophies.

Answer:

D. Originalism refers to the philosophy that judges should strictly adhere to the meaning of the Constitution at the time of ratification when making decisions, while living constitutionalism is the philosophy that courts should consider the text of the Constitution and the evolution of societal norms.