Living Constitutions substantive values
Which substantive rights should LC protect?
Rehnquist (derisively) says LC protects the little guy
Todays liberals are hard pressed to answer
Instead, they mostly criticize current system: feminism, critical race th
Originalism: Brest & Kay
Brest defines originalism as looking to the text of the Constituition or the intentions of its adopters.
Kay: judges should apply rules in the sense in which rules were understood by the people who enacted
Case: Taylor v. United States
Facts: Taylor was indicted with two counts of attempted robbery under the Hobbs Act after two
separate home invasions targeting marijuana dealers. In both cases, Taylor and other gang
members broke into the homes of the deale
Case: United States v. Heart of Atlanta Hotel
Facts: After the passage of the Civil Rights Act of 1964, racial discrimination was forbidden by
places of public accommodation if their operations affected commerce. The Heart of Atlanta
Motel in Atlanta, Geo
Case: United States v. Alfonso D. Lopez, Jr.
Facts: A 12th grade student, Lopez, brought a concealed handgun to his high school and was charged with violating
the Gun-Free School Zones Act of 1990. The act forbids "any individual knowingly to possess a fi
Court could argue intermediate scrutiny: how important is it? Government interest? No?. then its
History in change. both continuity and change
States are now divided on the issue of same-sex marriage
Homosexuality listed as ment
United States v. Miller
Upheld conviction for possession of sawed-off shotgun
Quoted Act. I sec & paragraphs (15) & (16) power to call forth militia and explained that second
amendment serves only to support that power.
Sawed off shot gun has no militia v
October 26, 2016
SPA 220 American Constitution
Equal Protections Clause Interpretation
The Equal Protections Clause was a constitutional provision written in 1868 under the
Fourteenth Amendment that mandated that no state shall deny an