The supreme court debated as using 'originalism' 4.6 Flashcards
1
Q
what are the debates which SUPPORT ‘originalism’
A
- Fixed Constitutional Meaning
- Neutral Judgement
- Historical Rulings and Figures
2
Q
how comes ‘Fixed Constitutional Meaning’ shows SUPPORT in orginalism
A
- Originalists believe the Constitution’s meaning is permanent, as intended by the Founding Fathers
- any adaptations should come through the legislative process, not through judicial reinterpretation
- avoid judicial overreach and maintain the judiciary’s role in strictly applying, not creating, law.
3
Q
how comes ‘Neutral Judgement’ shows SUPPORT in orginalism
A
- adhering to historical interpretations, originalists aim to make decisions free from personal or political biases
4
Q
how comes ‘Historical Rulings and Figures’ shows SUPPORT in orginalism
A
- the Constitution as written prevents the Court from making subjective or ideologically motivated decisions.
- ORGINALIST JUSTICES = Antonin Scalia, Clarence Thomas, and Amy Coney Barrett
5
Q
Key Cases Reflecting Originalist Views
A
- District of Columbia v. Heller (2008): Interpreted the Second Amendment’s reference to “a well-regulated militia” as a right for all citizens to bear arms, based on 18th-century contexts.
- Citizens United v. FEC (2010): Upheld corporate political donations as free speech under the First Amendment.
- Janus v. AFSCME (2018): Overturned a precedent allowing union fees for non-members, citing First Amendment rights.
- Rucho v. Common Cause (2019): Ruled that gerrymandering is a political issue beyond federal judicial reach, exemplifying judicial restraint in political matters.
6
Q
what are the debates which REJECT ‘originalism’
A
- Intent of the Founding Fathers
- Constitutional Ambiguity Allows for Evolving Interpretation
- The Ninth Amendment Allows Unlisted Rights
- Political Bias in Originalism
- Inconsistent Adherence to the Constitution
7
Q
how comes ‘Intent of the Founding Fathers’ shows REJECT in orginalism
A
- Figures like Thomas Jefferson expected future generations to adapt the document
- critics claim that strict originalism resembles “judicial fundamentalism” rather than respecting the Framers’ flexibility.
8
Q
how comes ‘Constitutional Ambiguity Allows for Evolving Interpretation’ shows REJECT in orginalism
A
- Many constitutional phrases are intentionally vague
- For instance, “cruel and unusual punishment” is subjective and could evolve with societal views
9
Q
how comes ‘The Ninth Amendment Allows Unlisted Rights’ shows REJECT in orginalism
A
- Originalism’s narrow interpretation of rights ignores the Ninth Amendment (freedom of voting , travel, privacy, body rights)
10
Q
how comes ‘Political Bias in Originalism’ shows REJECT in orginalism
A
- originalism is not politically neutral
- Senator Edward Kennedy argued that strict originalism would have upheld racial segregation and denied reproductive rights.
11
Q
how comes ‘Inconsistent Adherence to the Constitution’ shows REJECT in orginalism
A
- In Bush v. Gore (2000), originalist justices Scalia and Thomas sided with conservatives to stop Florida’s vote recount
- the Constitution delegating electoral authority to the states
