Photo by Dean Knuth/Arizona Daily Star
"Supreme Court Justice Stephen Breyer, left, and Antonin Scalia, right, laugh with NBC's Pete Williams, center, moderating before the taping of a discussion on the U.S. Constitution held at the Leo Rich Theater at the Tucson Convention Center on Monday."
U.S. Supreme Court Justices Antonin Scalia and Stephen Breyer drew laughs from taking a few good-natured jibes at one another, while raising thought-provoking questions about how to interpret the Constitution in an evolving society.
While Scalia insists the U.S. Constitution and Bill of Rights needs to be interpreted based solely on the words contained within the text, Breyer believes justices need to look beyond the words at such things as tradition, precedent, purpose and consequences.
The two justices, who debated before a packed crowd at the Leo Rich Theatre at the Tucson Convention Center, were brought to Tucson by the University of Arizona's William H. Rehnquist Center to discuss “Principles of Constitutional and Statutory Interpretation.”
Breyer noted, for example, when the Constitution was written and people were promised “equal protection under the law.” But there was no on-going debate about same sex marriages at that time, he said. As a result, justices need to consider what the framers intended by that phrase.
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