Chapter 6 Flashcards
What is the overall theme or main focus of the chapter “Contest for the Constitution”?
The main focus of the chapter is the ongoing ideological and legal struggles over the interpretation of the U.S. Constitution, particularly how different legal theories and political contexts have influenced the debates and decisions around constitutional law.
What role did the Supreme Court play in shaping the interpretation of the Constitution during the 20th century?
The Supreme Court played a crucial role in shaping the interpretation of the Constitution by adjudicating key cases that set significant precedents. These decisions reflected broader societal and political shifts, and often sparked debates about judicial philosophy and the role of the judiciary in American governance.
How have conservative and liberal legal theories differed in their approach to constitutional interpretation?
Conservative legal theories generally emphasize a textual or originalist interpretation of the Constitution, focusing on the literal and original meanings of the text. Liberal theories, on the other hand, often advocate for a more flexible, evolving interpretation that considers the Constitution a living document that should adapt to contemporary societal changes.
What significant impact did the “originalist” movement have on American legal thought?
The chapter suggests that political ideology has a profound impact on judicial decisions, with justices often interpreting laws and the Constitution in ways that align with their personal and political beliefs. This has led to criticisms of the judiciary as being influenced by partisan biases rather than adhering strictly to legal principles.
What were some key legal battles and court decisions mentioned in the chapter that shaped constitutional law?
Key legal battles included debates over civil rights, gun control, and abortion, with landmark Supreme Court decisions like Roe v. Wade and District of Columbia v. Heller playing pivotal roles in these areas, reflecting deep societal and ideological divisions over constitutional rights and the scope of governmental power.
