DP 5 Constitutionalism in Unexpected Places

<p>Originalists prioritize the written constitution while non-originalists acknowledge the historical context and evolution of constitutional law. (B)</p> Signup and view all the answers

<p>The underlying principles and values that are implied but not explicitly stated in the Constitution. (A)</p> Signup and view all the answers

<p>The unwritten constitution is a necessary element to fully understand the development of constitutional law. (D)</p> Signup and view all the answers

<p>The author remains neutral on the popular constitutionalism debate, focusing primarily on the importance of the unwritten constitution. (A)</p> Signup and view all the answers

<p>Legal scholars are more focused on the literal text of the Constitution and legal precedents. (D)</p> Signup and view all the answers

<p>That popular constitutionalism is a key area of study to better understand legal history. (D)</p> Signup and view all the answers

<p>A historical analysis of the Constitution's implementation based on the evolving opinions of the people. (A)</p> Signup and view all the answers

<p>Originalism is concerned with the intent of the Founding Fathers, while popular constitutionalism prioritizes the opinions of the people. (B)</p> Signup and view all the answers

<p>As a distinct and separate theory of constitutional interpretation. (D)</p> Signup and view all the answers

<p>Historical records and primary sources from the Founding era. (D)</p> Signup and view all the answers

<p>They tend to focus on narrow questions about the text, neglecting broader concepts of what a constitution is. (D)</p> Signup and view all the answers

<p>It provided a clear and concise document to guide the operation of the new government, but did not limit the existence or prominence of unwritten constitutional norms. (A)</p> Signup and view all the answers

<p>An overemphasis on the impact of international law on the development of American constitutionalism. (B)</p> Signup and view all the answers

<p>The idea that the Constitution’s true meaning is derived from the common law tradition and customary rights. (B)</p> Signup and view all the answers

<p>The development of new constitutional rights, such as the right to privacy, that are not explicitly mentioned in the written Constitution. (D)</p> Signup and view all the answers

<p>They acknowledged the existence and importance of unwritten constitutional rights, even though they weren't fully codified. (C)</p> Signup and view all the answers

<p>A continuous and dynamic process of incorporating both written and unwritten constitutional traditions. (A)</p> Signup and view all the answers

<p>The Constitution is a document that must be understood only by the original intent of the Framers. (C)</p> Signup and view all the answers

The fundamental law based on tradition, not just written text.

The implied rights and values surrounding the Constitution.

The belief that constitutional interpretation should focus on the text as originally ratified.

The approach to constitutional interpretation that considers evolving values over time.

The group of Americans who established the United States and its Constitution.

The idea that public participation shapes constitutional law.

The written words of the Constitution as ratified by the states.

The unbroken transmission of legal principles over time.

The belief that the Constitution includes unwritten customary rights as well as the written document.

An enduring approach to constitutionalism emphasizing customs and practices over only written laws.

The viewpoint that the written Constitution was significant but not the sole source of rights.

The list of specific rights in the Constitution, suggesting there are more rights retained by the people.

The approach legal scholars use to interpret historical records regarding the Constitution.

Rights and liberties traditionally enjoyed by citizens, reflecting common law principles.

Legal principles and customs that form the basis of understanding constitutional terms.

The process of determining the meaning and implications of constitutional text and context.

The power of courts to examine laws and actions to ensure they comply with the Constitution.

The belief that the Constitution is a dynamic document that evolves with society and its values.