Word: constitutionalized
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Instead, opposing provisions of the Constitution must be reconciled to come to the final decision, he added.
Souter offered a rebuttal of what he termed “the fair reading model,” which calls for an analysis of the Constitution that is grounded in the language of the Constitution—at the expense of a more nuanced analysis that considers the contemporary values...
The fair reading model, Souter noted, fails because the Constitution must be “read as a whole, and when it is, other values crop up in potential conflict with an unfettered right to publish, the value of security for the nation and the value of the President?...
Scalia is an originalist who believes in interpreting the Constitution in a manner that adheres to the Founders’ original intentions. Scalia said his alma mater is not uniquely responsible for teaching young lawyers to embrace shifting interpretations of the Constitution, a position which he opposes.
“The people believe the Constitution means whatever they care passionately about,” Scalia said.