SS Practice C2.1: Analyze social governance structures that involve algorithms (Activity)

In this activity, you will interpret the same constitutional amendment four times, each time through the lens of four well-known algorithms or methods of interpretation used in the Judicial Branch of the United States.

In comparing four different algorithms in this context, you will gain an understanding of how following a different step-by-step process (algorithm) aimed at achieving the same goal can allow individuals to find a different meaning for the same set of words.

While completing this activity consider how it will relate to other historical scenarios in which students find different answers to the same question through various means of research and interpretation.

The second amendment of the United States has been debated, interpreted and discussed in great detail by the Judicial branch since it was written nearly 300 years ago. Before considering how others have interpreted the second amendment, read it (written below) and provide a description in your own words for how you interpret the law.

When you are completing this step, it is important to not include your opinions as to whether or not you feel this law is good or bad. Instead, you should simply use your own words to explain it in such a way that a child could understand it.

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

Although everyone sees the same words written for the Second Amendment, your description (or interpretation) of it can change drastically from someone else.

Share your description from the previous step with another person. After you have shared your description, explain to them the process (or algorithm) you used to go from the words written in the Constitution to what you have now.

So far, you have created an algorithm for interpreting the Second Amendment and you have learned how your peer has created a different algorithm to do the same. Let’s take a look at four common algorithms used by the Judicial System when interpreting the Constitution.

• Strict Construction (textualism) - A method of interpreting the constitution by only observing the words in the constitution and not allowing any outside factors to change that understanding.
• Original Intent (originalism) - A method of interpreting the constitution by observing the words in the constitution along with the explanation of those words at the time they were created.
• Fundamental Principles - A method of interpreting the constitution by taking into consideration the values and opinions during the time the constitution was written. This can be done by also studying written opinions of the writers of the constitution.
• Modernism (Living Constitution) - A method of interpreting the constitution by taking into consideration the ways in which the world has changed since the constitution was written.

In the following steps, we will take a deep dive into each of these methods of interpretation and how the relate to the Second Amendment.

Watch the video below which explains the method of Original Intent (originalism) in detail, then answer the question on this step.

Watch the video below which explains the method of Fundamental Principles in detail, then answer the question on this step.

Watch the video below which explains the method of Modernism (Living Constitution) in detail, then answer the question on this step.

Now that you have an understanding of common methods used to interpret the Constitution, it is important to understand that very few judges follow any of these methods 100%. Instead, they often create their own algorithm for interpreting laws by using components of each of these four methods.

Reconsider your initial interpretation of the Second Amendment from earlier. Answer the questions below based on what has been covered in this activity.