Two Perspectives on Originalism and the Constitution
Two views of the Constitution: Originalism vs. a living document. Explore how these debates shape law, rights, and democracy.
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?
September 17 marked 238 years since the signing of the U.S. Constitution at Independence Hall in Philadelphia. In the centuries since, Americans have continued to debate how the document should be understood and applied today.
As part of the PBS NewsHour’s On Democracy series, two leading thinkers explore contrasting interpretations of the Constitution. John Malcolm of the conservative Heritage Foundation presents an originalist view, arguing that fidelity to the text and its framers’ intent preserves democratic principles and limits judicial overreach. In contrast, Harvard historian Jill Lepore emphasizes a more flexible, evolving interpretation—one that reflects the changing values and struggles of the American people over time. Her perspective highlights the Constitution as a living document, continually redefined through civic engagement, amendment, and reinterpretation.
Together, these interviews invite students to consider how different approaches to constitutional interpretation shape law, policy, and national identity.
Discussion Questions
- Who is John Malcolm, and what is his background? Who is Jill Lepore and what is her background?
- What is originalism, according to Malcolm? What do you think Lepore means when she says that "originalism isn't original"?
- Why does Malcolm contrast originalism with "living constitutionalism"?
- 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?
- When was the last time the Constitution was amended?
Focus 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?
Extension Activity
- 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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Republished with permission from PBS News Hour Classroom.
PBS News Hour Classroom helps teachers and students identify the who, what, where and why-it-matters of the major national and international news stories. The site combines the best of News Hour's reliable, trustworthy news program with lesson plans developed specifically for... See More
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