Flashcard Set Preview
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Ways of Interpreting Constitution
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1. text-literal or purpose2. context-related provisions or background theory3....
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Marbury v. Madison
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Marbury wanted writ of mandamus to force Madison to appoint him; SC says that although he should...
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Martin v. Hunter's Lessee
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state courts needed the Supreme court, and that
the Supreme Court needed the state courts...
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Cohens v. Virginia
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Justice Marshall through §25 stated that the
Supreme Court had the authority to review state...
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Originalists v. Non-originalists
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Originalists-Constitution should be argued in static formNon-originalists-Constitution should...
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D.C. v. Heller ruling
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The Second Amendment protects an individual
right to possess a firearm unconnected with service...
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"rights of the people"
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refers to individual rights, not collective
rights or rights that may be exercised only through...
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"the people"
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refers to all members of the political
community, not an unspecified subset
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"arms"
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2nd amendment extends to all
instruments that constitute bearable arms, even those that were...
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"keep"
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to hold, to retain in one’s power or possession
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"bear"
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carrying of weapons outside of an organized
militia, did not refer to only carying a weapon...
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"security of a free state"
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security of free polity (civil order, form of
gov.)
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"relationship between prefatory and operative
clause"
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1. prevention of strategic elimination of militia2. self-defense was the central...
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