Assignment task:
Essays must be at least 1300 words in length.
You must include at least one quotation each from the Bork and Strauss books that is NOT taken from the
ESSAY QUESTION: Compare and contrast the two leading theories of constitutional interpretation, Originalism and Living Constitutionalism. Explain which theory you find more plausible, or if there is a better alternative. Apply your preferred theory to the question of whether Affirmative Action is permissible under the Equal Protection clause, including a discussion of the way the courts have addressed affirmative action (as discussed in the slides). You may take the Living Constitutionalism theory as endorsing the race paradigm method of interpreting the Equal Protection Clause, i.e. as the common law basis of the decision.