1. Unit 1: Constitutional Interpretation and the Bill of Rights

2.  Ideologies  Originalism (“The Conservatives”)  As it was interpreted at the time of the Founding  Change only through elected branches or Constitutional Amendment  They tend to favor freedom over equality  Living Constitution (“The Liberals”)  As society evolves, so can our interpretation of the Constitution  It is proper for the Courts to force social changes (14 th Amendment)  They tend to favor equality over freedom

3.  Current SCOTUS makeup  Originalism  Chief Justice John Roberts (nominated by George W. Bush)  Justice Antonin Scalia (nominated by Ronald Reagan  Justice Clarence Thomas (nominated by George H.W. Bush)  Justice Samuel Alito (nominated by George W. Bush)

4.  Current SCOTUS makeup  Living Constitution (in order to adherence)  Justice Ruth Bader Ginsburg (nominated by Bill Clinton)  Justice Stephen Breyer (nominated by Bill Clinton)  Justice Sonia Sotomayor (nominated by Barack Obama)  Justice Elena Kagan (nominated by Barack Obama)

5.  Many 5-4 splits are along these lines (i.e. Citizen’s United, Heller)  However, some splits are not explained by these ideological splits…(?? 5-4 decisions this past term)  Oct. 2014 Term (Ideological Splits)–  “Conservatives” + Kennedy – ?? decisions: Din, Ayala, Horne, Michigan, Glossip  “Liberals” + Kennedy – ?? decisions: Alabama Black Caucus, Wong, Brumfield, Kingsley, Patel, Inclusive Comm., Obergefell, Arizona Legislature  October 2014 Term (???? Splits)  William-Yulee – Roberts, Ginsburg, Breyer, Sotomayor, Kagen  Walker – Thomas, Ginsburg, Breyer, Sotomayor, Kagan  Wynne – Roberts, Kennedy, Alito, Breyer, Sotomayor  Armstrong – Roberts, Scalia, Thomas, Breyer, Alito  Dart Cherokee, Yates – Roberts, Ginsburg, Breyer, Alito, Sotomayor

6.  Pragmatism as interpretation (historically the most common form of interpretation)  Precedent important, but most important is the need to get the “right outcome”  Current Justices as pragmatists (in order of how much pragmatism emphasized)  Justice Anthony Kennedy (biggest current champion - libertarian)  Justice Stephen Breyer (deference to Congress and Executive)  Justice Sonia Sotomayor (especially in criminal procedure jurisprudence)  Chief Justice John Roberts (SCOTUS reputation concerns)  Justice Samuel Alito (especially in free speech jurisprudence)  Justice Ruth Bader Ginsburg (especially in areas of minority, especially women, protections)

7.  You decide exercise  Roper v. Simmons  Texas v. Johnson  Kyllo v. United States