Explain the FORMALIST, ORIGINALIST, AND REALIST views
of legal interpretation. Explain what each view of interpretation would
say about each of the following judicial decisions: (i) the death
penalty as administered before Furman v. Georgia was unconstitutional
because administered arbitrarily; (ii) Smith in Smith v. United States
was guilty of using a firearm while drug trafficking; (iii) the mining
claims at issue in United States v. Locke were turned in late, and so
the claims were forfeited. Which theory of interpretation, in light of
the foregoing discussion, is most plausible?
