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The Debate: Originalism vs. Living Constitutionalism

How should a constitution be read?

Scalia and Breyer in their own words, two real cases, and students arguing interpretive method rather than outcomes.

James Okada

Instructor

Mr. James Okada

American History & Civics

New this term. Reviews from students and parents appear here once families have taken it.

Overview

Students read majority and dissenting opinions from two genuinely hard cases and argue about how the document should be read, deliberately separating the method question from the policy question.

Ages & grades
Ages 15–18 · Grades 10–12
Live meetings
4 × 60 min
Cadence
Once a week · 4 weeks
Structure
Join any week · ungraded

Come and go as it suits you

Every meeting of this class stands on its own. Nothing in week six assumes week five, so a student can join in the middle, take the four weeks that fit around a busy month, and stop when they want to. There is no catching up to do, because there is nothing to be behind on.

That is also why there is no grade here and no such thing as an incomplete. The record keeps what actually happened: the meetings attended live and the recordings watched. A student who came to three meetings has a record of three meetings, not a failure.

What students will be able to do

  • State the originalist and living-constitutionalist positions accurately
  • Read a judicial opinion and identify its interpretive method
  • Separate a disagreement about method from a disagreement about outcome
  • Argue an interpretive position under questioning

Syllabus

  1. Week 1

    The two claims

    Scalia and Breyer, read directly and side by side.

  2. Week 2

    Case one

    Majority and dissent read in full; method identified in each.

  3. Week 3

    Case two

    A case where the usual coalitions break down.

  4. Week 4

    Moot court

    Students argue method before a student bench.

Books & materials

  • Opinion reader

    Odysseus Lyceum

    Edited opinions supplied at no cost.

Prerequisites

  • The Federalist & the Anti-Federalists recommended
  • Minimum age 15

How this course handles its perspective

Both interpretive schools are presented by their best advocates. The instructor states his own view once and then argues both sides.

Read our academic philosophy

Recording policy

Meetings are recorded and released to enrolled families for fourteen days. Recordings capture the instructor and shared materials; student video is not published.

Cancellation & refunds

Full refund up to seven days before the first meeting; inside seven days, everything paid is credited to your Lyceum balance. No refunds or credits once the class has begun. Cancel any section from your parent account.

Learner support

  • ADHD-aware instruction
  • Gifted & accelerated

These describe how this instructor has been trained, reviewed with educators and accessibility specialists. They are not a diagnosis and not a marketing claim.

Ratings & reviews

Students and parents review separately, on different questions, and the two aggregates are never blended. Every review is verified and moderated.

    No parent reviews for this class yet.

    Reviews from students are published as “Student, age 13”, never with a full name. Photo and short video reviews are supported and moderated before they appear.

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