Edexcel A-Level Politics 9PL0
Democracy and Participation
Political Parties
Electoral Systems
Voting Behaviour and the Media
Liberalism
Conservatism
Socialism
The Constitution
Parliament
The Prime Minister and the Executive
Relations Between the Branches
AnarchismNon-core
EcologismNon-core
FeminismNon-core
MulticulturalismNon-core
NationalismNon-core
The US Constitution and FederalismUSA
US CongressUSA
The US PresidencyUSA
The US Supreme Court and Civil RightsUSA
US Democracy and ParticipationUSA
Comparative Theories and the UK-US ComparisonUSA
The State and GlobalisationGlobal
Global Governance: Political and EconomicGlobal
Global Governance: Human Rights and EnvironmentalGlobal
Power and DevelopmentsGlobal
Regionalism and the European UnionGlobal
Global Comparative TheoriesGlobal
The US Supreme Court and Civil Rights
The living Constitution and originalism
- 3 things to know
- Component 3
Overview
Recall questions on the two approaches to constitutional interpretation, the two variants of originalism, and what each implies for rights and judicial activism.
What you need to know
Answer each one before you reveal it.
How do Living Constitutionalists characterise the nature of the Constitution as a document?
What is the central belief of Living Constitution ideology regarding constitutional interpretation?
Questions from this subtopic
Each one with the model answer underneath.
- 1
What is the central belief of Living Constitution ideology regarding constitutional interpretation?
Model answer
The Constitution's meaning should evolve over time to reflect changing societal values, norms, and circumstances.
- 2
According to originalism, how should the Constitution be interpreted?
Model answer
According to the original meaning or intent at the time it was written and ratified.
- 3
Why do Living Constitutionalists believe the Founders used broad, flexible language in the Constitution?
Model answer
To allow adaptation to unforeseen circumstances that the Founders could not have anticipated.
- 4
What two arguments do originalists make against Living Constitution interpretation?
Model answer
Judges should not impose their own values on constitutional meaning, and constitutional change should occur through the formal amendment process.
- 5
How does the Living Constitution approach typically affect civil rights protections?
Model answer
It tends to expand civil rights protections by reinterpreting constitutional provisions in light of contemporary standards.
- 6
How does originalism affect judicial activism?
Model answer
It tends to limit judicial activism by constraining interpretation to the historical understanding of constitutional text.
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