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LSAT - Law School Admission Test LSAT - Law School Admission Comparative Reading Analysis Questions and Answers

Passage A
Originalism as a theory of constitutional interpretation holds that the Constitution should be interpreted according to the original public meaning of its text at the time it was ratified.

Proponents argue that this approach provides an essential check on judicial power, preventing judges from substituting their own policy preferences for the law.

By anchoring interpretation in a fixed, historical meaning, originalism aims to ensure stability and predictability in constitutional law.

It forces judges to act as neutral arbiters applying established rules, rather than as legislators creating new ones.

This fidelity to the text, proponents contend, is the only way to legitimately uphold the rule of law and respect the democratic process that created the Constitution.

Passage B

The theory of the "living Constitution" posits that the Constitution's meaning must evolve to meet the needs of a changing society.

Adherents argue that the framers intentionally used broad, principled language to allow for flexible application by future generations.

To treat the Constitution as a static, 'dead' document is to ignore societal progress and risk applying eighteenth-century solutions to twenty-first-century problems.

This interpretive approach does not grant judges unlimited discretion; rather, it requires them to balance the text's original principles with contemporary values and realities.

It is through this dynamic process, adherents claim, that the Constitution remains a relevant and enduring charter of governance.

The authors of both passages would be most likely to agree that:

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