1) A) Please identify four underlying reasons the Court used to justify its view of legislative intent in Church of
the Holy Trinity, and the “duty” the Court described for itself. B) How did Scalia view the decision in Holy
Trinity? (Point out his major objections and why that case bolstered his own views). C) Which is the better view,
the Court in Holy Trinity, or Scalia? Why?
2) A) What were Posner’s and Dworkin’s main points when addressing originalism (vis-à-vis Scalia) in the
context of Brown v. Board of Education and the equal protection clause? B) Why does it matter in the context
of Constitutional interpretation?
3) Read pages 183-184 of Scalia’s essay, and his response to Dworkin on page 193. A) What were his
concerns? B) Read Dworkin’s comments on pages 189-190. What was he trying to say? C) Which position is
the most persuasive when looking at the practical effects of constitutional interpretation? (No right or wrong
answers for C) and I am not suggesting one. I just want you to think about these positions and tell me (and
your classmates) what you think.
Sample Solution