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Doc 2 - 1st week Lecture Notes

Doc 2 - 1st week Lecture Notes - -Gradual evolution and...

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Monday, January 14, 2008 For Wednesday – Finish the Week 2 readings: Rehnquist “Notion of a Living Constitution” & Tribe + Dorf On Reading the Constitution – pgs. 37-64 Smith - Citizenship left out of Constitution (too contentious) Sinott-Armstong + Brison - Method needed to interpret Constitution o Meaning o Intent o Precedent o Values Precedent: basing a court ruling on a recent court ruling - Advantage: can slowly adapt w/ time to fit w/ the people and society
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Unformatted text preview: -Gradual evolution and stability-Apply law by comparing older ruling w/ newer one • Intent and precedent value democratic deliberation • Kullo v. U.S. (2001) Framers wrote 9 th amendment for an intent…there are other rights that we don’t have written down…framers wanted us to know there are more rights out there...
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