The US Constiution Pre-Law Year 3

CFL YEAR 3 Cape Fear Law notes

What does it mean when the Supreme Courts “interprets” the law?

process of determining the intended meaning

Judges use _ number of sources to apply the Constitution to legal issues

5

What is the first source Judges use to apply the Constitution to legal issues?

Constitutional Text

What is the second source Judges use to apply the Constitution to legal issues?

Original Text

What is the third source Judges use to apply the Constitution to legal issues?

Precedent

What is the fourth source Judges use to apply the Constitution to legal issues?

Practical consequences for society

What is the fifth source Judges use to apply the Constitution to legal issues?

Basic moral and ethical values of the judges

Why is “Basic moral and ethical values of the judges” important?

To avoid bias judges

When you take the literal approach and wants the power if the government to be strictly limited by the Constitution.

Strict Construction

Belief that literal legal interpretation requires applying knowledge from outside the Constitution’s text, such as history, morality, and circumstances

Loose Construction

the theory that originally understanding of the authors or the people at the time it was ratified

Originalism (strict)

the theory that the context of the current times even if such interpretation is different from the original interpretations.

Interpretivism (loose)

Anti-federalist believe in _______ Construction

Strict Construction

Federalist believe in _______ Construction

Loose Construction

What year was this Marbury vs Madison case?

1803

What year was the McCulloch vs Maryland case?

1816

What year was the US vs Nixon case?

1974

What year was the Gross vs Lopez case?

1975

Significance of decision and how it impacts interpretation

Precedent

What was the precedent of the Marbury v. Madison case?

Judicial Review

What was the precedent of the McCulloch v. Maryland case?

Supreme Law of Land, Supremacy Clause, Necessary and Proper Clause

What was the precedent of the US v. Nixon case?

Rule of Law

What was the precedent of the Gross v. Lopez case?

Students have a right to DUE PROCESS