NOTE: If you are short on time, watch the video and complete this See, Think, Wonder activity: What did you notice? What did the story make you think about? What would you want to learn more about?

SUMMARY

September 17 marked 238 years since the signing of the U.S. Constitution at Independence Hall in Philadelphia. The language of the document has been debated ever since.

In two conversations about that debate, News Hour discussed ways the Supreme Court and others have interpreted the document through the centuries. One interpretation, originalism, is often countered by the idea that the Constitution is a living, breathing document meant to be interpreted and changed along with the times.

First, Amna Nawaz sat down with John Malcolm, executive editor of the “Guide to the Constitution” from the conservative Heritage Foundation.

Then Geoff Bennett sat down with author Jill Lepore, a historian at Harvard University and author of the new book, “We the People: A History of the U.S. Constitution.” The stories are part of News Hour's series, On Democracy.

View the transcript of the interview with John Malcolm.

View the transcript of the interview with Jill Lepore.

News alternative: Check out recent segments from the NewsHour, and choose the story you’re most interested in watching. You can make a Google doc copy of discussion questions that work for any of the stories here.

WARM-UP QUESTIONS

1. Who is John Malcolm, and what is his background? Who is Jill Lepore and what is her background?
2. What is originalism, according to Malcolm? What do you think Lepore means when she says that "originalism isn't original"?
3. Why does Malcolm contrast originalism with "living constitutionalism"?
4. Why did the Warren Court's liberal rulings, starting with Brown v. Board in 1954, prompt conservatives to develop the philosophy of originalism? What litmus test did President Ronald Reagan apply to judges in order to take over the federal judiciary, according to Lepore?
5. When was the last time the Constitution was amended?

ESSENTIAL QUESTIONS

• Why do you think judges, justices and law scholars have differing philosophies about interpreting the Constitution?
• Why do you think the approach of "originalism" has become associated with conservative political movements?
• If the American people's ability to change the Constitution through the amendment process has become increasingly harder over time, do you think the Constitution is still working? Explain.

Media literacy: Why do you think News Hour had John Malcolm and Jill Lepore on to discuss originalism and the Constitution?

FOR MORE

• For more on judicial philosophies, see this lesson from Annenberg Classroom.
• Lepore states, "I think the Constitution with its 27 amendments tells the story of American history." Read the Bill of Rights of the Constitution. How do you think the 27 amendments tell the history of the United States?

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