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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.

Your recallNot started
Evaluation

What divides living constitutionalists from originalists?

Process

How do Living Constitutionalists characterise the nature of the Constitution as a document?

Key term

What is the central belief of Living Constitution ideology regarding constitutional interpretation?

Questions from this subtopic

Each one with the model answer underneath.

  1. 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. 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. 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. 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. 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. 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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Democracy and Participation
Political Parties
Electoral Systems
Voting Behaviour and the Media

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Bhikhu Parekh ( –).
193519952000

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ACitizens elect representatives to govern on their behalf.
BRepresentatives are accountable through free, regular elections.
CGovernment is carried out through parties and Parliament.

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Patriotism means attachment to one’s country.
TrueFalse

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