Similarities And Differences Between Stephen Breyer And Antonin Scalia
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Through these debate videos, we can see two different constitutional perspectives, which presented by two Supreme Court Justices, Stephen Breyer as an activist and Antonin Scalia as an originalist. They mainly discuss their ideas about purpose and consequences, constitution as a “living” document, constitution law fills the empty bottle, and who is going to decides on problems.
First, there are six main tools for the due process of law: the text, history, tradition, precedent, purpose, and consequences. According to the activist side, Breyer disagree that the originalists tend to avoid the last two criteria, “purpose and consequences” and emphasize more in the first four tools. He believes that all those tools should be used equally for a