Constitutional Law and Change

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Questions and Answers

What is the primary function of the Constitution as described?

To limit the powers of government (correct)

To create a democratic government structure

To promote social welfare programs

To regulate personal behavior of citizens

What has the expansion of congressional commerce power allowed Congress to do?

Create laws exclusively about commerce

Only regulate international trade

Establish laws on social security and labor standards (correct)

Prevent disasters in the stock market

How has the interpretation of the First Amendment changed over time?

It now primarily protects speech criticizing the government (correct)

It has become more restrictive towards public speech

It was initially focused on political parties only

It only applies to verbal communication now

What was Justice Scalia's view on the constitutionality of same-sex marriage in relation to the Fourteenth Amendment?

He believed all states have the right to define marriage Signup and view all the answers

What is a significant consequence of constitutional change as noted in the content?

It allows for the adaptation of laws over time Signup and view all the answers

What interpretation strategy is reflected by Justice Scalia's view of constitutional meaning?

Originalism Signup and view all the answers

What significant development regarding women's rights occurred after the ratification of the Constitution?

Women organized to advocate for their rights and equality. Signup and view all the answers

How did the interpretation of the Equal Protection Clause change over time?

It was interpreted to require equal treatment of women's rights in 1973. Signup and view all the answers

What influenced the Court’s decision in Obergefell regarding same-sex marriage?

Contemporary public opinion on same-sex marriage. Signup and view all the answers

What did the ratifiers of the Fourteenth Amendment believe regarding public school desegregation?

They did not understand it to require desegregated schools. Signup and view all the answers

Which historical event influenced changing views regarding racial discrimination in the U.S.?

The struggle against Nazism in World War II. Signup and view all the answers

What was the outcome of the proposed amendment to prohibit sex discrimination?

It failed to gain necessary ratification. Signup and view all the answers

What aspect of constitutional interpretation does the case of Brown v. Board of Education illustrate?

Sensitivity to changing social values. Signup and view all the answers

Study Notes

Democratic Constitutionalism

The Constitution establishes rules for lawmaking, limiting government powers. Examples include specific roles for the Senate.
Disputes about the Constitution are rare when it's clear and specific.
Congress has broad power over commerce and other areas.
Modern laws extend beyond the original intent of the Framers, including social security, fair labor standards, and anti-discrimination.

Constitutional Change

Constitutional change is common, evolving over time.
The First Amendment's reach was limited initially, focusing on protecting against criminalizing speech criticizing the government.
Modern court cases have clarified the intent of the First Amendment and its use to protect from criminal speech.

Obergefell v. Hodges (2015)

Justice Scalia disagreed with Obergefell, citing the Fourteenth Amendment's original intent regarding marriage.
Scalia argued that interpretation of broad constitutional clauses should focus on the understanding at the time of ratification. This approach is known as originalism.
Originalism means interpreting the Constitution based on the understanding of its framers at the time of ratification. The meaning doesn't change.

Equal Protection Clause

The Equal Protection Clause has evolved in its interpretation; protecting women is now a principle, as with same sex marriage.
Historically states had unequal and discriminatory systems against women.
There has been a shift in societal and legal views, leading to changes in constitutional interpretation. (e.g., Brown v. Board of Education).
Interpreting broad clauses should consider that societal values change over time.

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Description

Explore the fundamental principles of Democratic Constitutionalism and how the Constitution adapts over time. This quiz covers key concepts, landmark cases like Obergefell v. Hodges, and the evolving interpretation of the First Amendment. Test your understanding of how constitutional law affects government powers and individual rights.