Justice Scalia says that when deciding cases, he cares for the people (framers) who ratified the Constitution. What does he say those people thought of the death penalty?
Justice Scalia believed that the framers of the Constitution fully supported the death penalty, as it was considered a legitimate form of punishment during their time. He argued that because the death penalty was prevalent and accepted in society at the time of the Constitution's ratification, it should still be considered constitutional today. Scalia believed that the intentions and beliefs of the framers should be taken into consideration when interpreting the Constitution, including their support for the death penalty.
Justice Breyer says the Constitution created a workable democracy that is supposed to last for a long time. What is a judge's job?
According to Justice Breyer, a judge's job is to interpret the Constitution in a way that allows for the principles of democracy and the rule of law to continue to function effectively over time. He believes that judges should consider not only the original intent of the framers but also the evolving societal norms and values when making decisions. Breyer emphasizes the importance of adapting constitutional interpretations to fit the changing needs of society while still upholding the foundational principles of the Constitution. Overall, he sees a judge's role as ensuring that the Constitution remains a living document that can meet the challenges of a modern and ever-changing society.
