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AP American Government

AP American Government. Unit 1: Constitutional Interpretation and the Bill of Rights. Constitutional Interpretation. Ideologies Originalism (The Conservatives) Living Constitution (The Liberals) Roper v. Simmons. Constitutional Interpretation. Current SCOTUS makeup

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AP American Government

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  1. AP American Government Unit 1: Constitutional Interpretation and the Bill of Rights

  2. Constitutional Interpretation • Ideologies • Originalism (The Conservatives) • Living Constitution (The Liberals) • Roper v. Simmons

  3. Constitutional Interpretation • Current SCOTUS makeup • Originalism (in order to adherence) • Justice Clarence Thomas • Justice Antonin Scalia • Justice Samuel Alito • Chief Justice John Roberts

  4. Constitutional Interpretation • Current SCOTUS makeup • Living Constitution (in order to adherence) • Justice Stephen Breyer • Justice Elena Kagan • Justice Ruth Bader Ginsburg • Justice Sonia Sotomayor

  5. Constitutional Interpretation • Many 5-4 splits are along these lines (i.e. Citizen’s United, Heller) • However, some splits are not explained by these ideological splits…(10 5-4 decisions this past term) • Oct. 2013 Term (Ideological Splits)– • “Conservatives” + Kennedy – 4 decisions: McCutcheon v. FEC, Town of Greece v. Galloway, Harris v. Quinn, Burwell v. Hobby Lobby Stores • “Liberals” + Kennedy – 2 decisions: Hall v. Florida, Abramski v. United States • October 2013 Term (???? Splits) • Navarette v. California - Roberts, Kennedy, Thomas, Breyer, Alito • Scialabba v. Cuellar de Osorio - Roberts, Scalia, Kennedy, Ginsburg, Kagan • Michigan v. Bay Mills - Roberts, Kennedy, Breyer, Sotomayor, Kagan • Paroline v. United States - Kennedy, Ginsburg, Breyer, Alito, Kagan

  6. Constitutional Interpretation • Pragmatism as interpretation (historically the most common form of interpretation) • Precedent important, but most important is the need to get the “right outcome” • Current Justices as pragmatists (in order of how much pragmatism emphasized) • Justice Anthony Kennedy (biggest current champion - libertarian) • Justice Sonia Sotomayor (especially in criminal procedure jurisprudence) • Chief Justice John Roberts (SCOTUS reputation concerns) • Justice Samuel Alito (especially in free speech jurisprudence) • Justice Ruth Bader Ginsburg (especially in areas of minority, especially women, protections)

  7. Constitutional Interpretation • You decide exercise • Roper v. Simmons • Texas v. Johnson • Kyllo v. United States

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