POLI230:Con Law Quiz 1 (Constitution Interpretation)

Question 1

What are the two Big Categories (Families) of constitutional Interpretation

Answer 1

Text and history and Everything Else (Neither is inherently liberal or conservative)

Question 2

Family 1: Text and History

Answer 2

“hold that constitutional interpretation should be limited solely to the text and historical context”

Question 3

Family 2: Everything else

Answer 3

“maintain that constitutional interpretation frequently requires going beyond the text and historical context of specific provisions to articulate and apply broader principles of constitutional politics”

Question 4

What are the two genera within the Text/History Family

Answer 4

Textualism and Originalism

Question 5

What are the Species Within Textualism

Answer 5

Plain meaning of a legal text and Strict construction

Question 6

Plain meaning of a legal text

Answer 6

Easier in statutory interpretation when laws include explicit definitions

The plain meaning rule mandates that a statute be interpreted according to its plain meaning.

Question 7

Strict construction

Answer 7

Interpreting the Constitution based on a literal and narrow definition of the text

Question 8

Problems with Textualism

Answer 8

Does not adequately anticipate the open-textured language of the Constitution –> what does due process of law require?

Creates bizarre outcomes

Question 9

define Originalism

Answer 9

In general, originalism limits “the interpretation of constitutional provisions to those principles that the Framers might fairly have said to have embraced when drafting and ratifying” the provision at issue.

The “when” can be 1787, 1791, 1868, etc.

Very nuanced

Question 10

Problems with Originalism

Answer 10

The Framers disagreed with each other –> just as polarized then as we are today

The Framers disagreed with…themselves! ex- To understand these terms in any sense, that would justify the power in question, would give to Congress an unlimited power; would render nugatory the enumeration of particular powers.•Rep. James Madison, 1791, arguing AGAINST a national bank•If the operation of the State banks cannot produce this result, the probable operation of a national bank will merit consideration.•Pres. James Madison, 1815, shortly before signing a bank bill

Constitution = debated in secret.

Who counts as a Framer (before 1870) = only white men

Framers never expected originalism to govern constitutional interpretation

Question 11

Everything else defined

Answer 11

Is still vitally concerned with the text and even (to some degree) originalism.

How do you deal with ambiguity and social change –> not necessary a living constitution apporch

Question 12

Genera within Everything else

Answer 12

Reference to utility and Deference to Other Branches

Question 13

Species Within References to Utility

Answer 13

Structuralism and Sociological jurisprudence

Question 14

Structuralism

Answer 14

read a particular constitutional clause in light of the broader purposes of the document

Question 15

Sociological jurisprudence

Answer 15

judges should decide cases based on which outcome furthers societal welfare, based on scientific evidence.

Question 16

Species within Deference to other branches

Answer 16

Judicial restraint, Pragmatism, and Process-oriented theory of judicial review

Question 17

Judicial restraint

Answer 17

Congressmen and the president take the same oath –to uphold the Constitution

Don’t doubt their ability to pass laws that are constitutional.

Question 18

Pragmatism

Answer 18

Be wary of the policy consequences of your decision, limit the scope of a decision.

Question 19

Process-oriented theory of judicial review

Answer 19

Courts should avoid striking down laws BUT if those laws restrict the ability of citizens to participate in democracy (voting, running for office, etc.) courts should be aggressive.

Question 20

Problems with Everything else Genra

Answer 20

Loss of legitimacy –> “we the people” agreed to this set of rules

Loss of predictability –> If the text and intent are not the only factors, it becomes harder to predict how courts will rule.