lecture 5&6

lecture 5&6 - 1/25/10: (Lecture 5) Interpretation (all...

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1/25/10: (Lecture 5) Interpretation (all have leeway and are not mechanical) Precedent Textual Reference Intent of the Framers (can see problems, not clear cut) Implied Logic Barron v. The Mayor and City of Baltimore (1833) Court questioned whether 5 th amendment applied as a limitation to state power District of Columbia v. Heller (2008) 2 nd Amendment- state law prohibited people carrying a unlicensed handgun in DC. If you wanted a gun at home it had to be dismantled. Court found that the DC gun control law violated the 2 nd amendment Two justices both use the intent of the Framers to come to two different opinions Scalia- (intent clear) 2 nd amendment shows a disconnection between keeping and bearing arms and a well regulated militia- an individual right Stevens- (Intent clear) 2 nd amendment shows a connection between keeping and bearing arms Technical Meaning (using the Constitution and its clear meaning) o Whether certain phrases in the Constitution has a clear technical meaning and has it changed ? Ex. of an Ex post facto law Sociological Legal Philosophy (jurisprudence) Constitutions have to adapt and change to meet and adapt for the changing times of society There is choice and open way to interpret the Constitution (but then again all forms of interpretation are)
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Atkins v. Virginia Court strikes down state law in executing the mentally retarded Courts opinion is a standard of changing opinions (many think that this is current with societies’ ideals) Griswold v. Connecticut (1965): Can’t use, distribute or provide any information regarding contraceptives 4 th amendment, not right to privacy until Griswold. It comes from a mode of interpretation and is not explicitly stated in the Constitution. Douglass creates a new right with idea that standards are changing Case also involves the right to assemble (1 st amendment) and come together
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lecture 5&6 - 1/25/10: (Lecture 5) Interpretation (all...

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