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24 Trinity L. Rev. 43 (2018-2019)
How Absolute Truth and Relative Truth Inform Originalism and Living Constitutionalism

handle is hein.journals/trinlr24 and id is 113 raw text is: HOW ABSOLUTE TRUTH AND RELATIVE TRUTH INFORM ORIGINALISM AND LIVING CONSTITUTIONALISM Matthew W. Camphuis* INTRODUCTION There are few things as frustrating as talking past each other. Yet, that is exactly what the Supreme Court does when it debates the constitutional doctrines of originalism and living constitutionalism. The legal arguments rarely seem to persuade either side. This is because the real debate is two steps backwards-in the philosophical biases and axioms. Namely, it's because one's worldview on absolute truth and relative truth determines if one is an originalist or a living constitutionalist. In order to stop talking past each other, we must confront these legal doctrines for what they really are-philosophy in action. To begin this journey, we must inquire into: (1) worldviews, (2) what are absolute truth and relative truth, (3) what are originalism and living constitutionalism, and (4) how these ideas correlate. A. Jurists Have Worldviews Too What is a worldview and how does it affect how we act in and perceive the world around us? Maybe it isn't often thought, oh yes, I adhere to absolute truth, obviously, so I must be a staunch originalist. Or, Oh yes, of course, I'm a living constitutionalist because I believe in relativism. Not in those words probably. But these ideas form a part of our worldview and one idea naturally leads to another. They are too pervasive to ignore, especially as jurists. We must talk about worldviews before we talk about how absolute truth and relative truth inform originalism and living constitutionalism * J.D. from Trinity Law School; B.S. Interdisciplinary Studies -- Social Sciences and Religion, Minor in Biblical Studies from Liberty University; A. Theology from CCBC York, England. Grateful thanks to Professor Myron Steeves for guidance and feedback on this note and to the Trinity Law Review for their hard work. 43

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