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Which amendment would strict constructionists look to in order to justify a limited interpretation of the constitution?
Wiki User
∙ 11y ago
8th amendment
Wiki User
∙ 11y ago
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The Constitution and the US Supreme Court have not always recognized that all Americans have civil rights?
No. Many groups, particularly African-Americans and women, have been denied rights guaranteed by the Constitution. The document itself was not written to discriminate against anyone; however, the Supreme Court's interpretation of the Constitution has been used to justify laws and policies withholding civil rights to such an extent that the Constitution had to be amended explicitly to extend protection to (almost) all classes of individuals.
What amendment was used to justify the outcome of dred Scott?
The declaration that a man's property was sacred. The court ruled that the Founding Fathers would have included slaves within their definition of property.
How does Madison justify the new central government envisioned in the Constitution?
Madison justified the new central government envisioned in the Constitution by stating that the separation of government into three powers would check the powers. He believed that if the government abused it's powers, the citizens had the right to revolt and overturn the government.
According to Hamilton what are implied powers?
he used the idea of implied powers to justify a national banks, he argued that the constitution gave congress the power to issue money and regulate trade, and a national bank would clearly help the government carry out responsibilities
How did the leeds merchants justify the use of machines?
It hugely increased Profit margins
Did Thomas Jefferson have a strict or loose interpretation of the constitution?
It was based on a loose interpretation of the Constitution because he wasn't really allowed to by the land, and he had to justify his actions by his hopes for the nation
Was Jefferson's purchase of Louisiana based on A loose or strict interpretation of the constitution?
It was based on a loose interpretation of the Constitution because he wasn't really allowed to by the land, and he had to justify his actions by his hopes for the nation
Purpose of the Preamble of the Constitution?
was to justify the constitution, also to it had laws and regulations.
How can the first amendment to the US Constitution be applied to same-sex marriage?
It can be applied only to the extent that religious beliefs cannot be used to justify limiting marriage to heterosexual couples only.
Which amendments to the US Constitution support same-sex marriage?
The Equal Protection Clause of the 14th Amendment can be used to strike down laws limiting marriage to heterosexual couples only. The 1st Amendment can be used to prevent religious arguments from being used to justify these laws.
What does the first amendment to the US Constitution have to do with same-sex marriage?
Ninth Amendment to the U.S. Constitution reads:The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.The ninth amendment implies that if the right to gay marriage is not mentioned in the constitution, that does not mean it is denied to citizens.The implication is that since marriage is not mentioned in the Constitution (either directly or indirectly), it cannot be regulated by either the Federal or State governments, and remains an inherent natural right of the citizen.The current legal reading of the Constitution with respect to marriage is that the 9th Amendment allows for regulation of marriage by the States, but, as of Loving v Virginia (1967), marriage is considered a fundamental right of the people, and thus, any attempts to regulate marriage by the States must pass the Strict Scrutiny test for Constitutionality. The question is whether or not restrictions on same-sex marriage can pass this Strict Scrutiny test which the 9th Amendment requires of the States.
What amendment was used to justify all types of sergregation for decades?
It wasn't an amendment it was the term Separate but equal which was justified in supreme court case plessy v Ferguson
CAN people justify using slaves today is it right?
No. It's called unconstitutional. Against the constitution.
How did lawmakers use the Fourteenth Amendment to justify the passage of Jim Crow laws in the South?
They claimed that the Fourteenth Amendment did not apply to the South because the territory was no longer part of the United States.
The Constitution and the US Supreme Court have not always recognized that all Americans have civil rights?
No. Many groups, particularly African-Americans and women, have been denied rights guaranteed by the Constitution. The document itself was not written to discriminate against anyone; however, the Supreme Court's interpretation of the Constitution has been used to justify laws and policies withholding civil rights to such an extent that the Constitution had to be amended explicitly to extend protection to (almost) all classes of individuals.
When President Thomas Jefferson acquired the Louisiana Territory from France he demonstrated that he modified his belief that?
the federal government should have strict interpretation of the Constitution. Previously, Jefferson had been a strict constructionist, believing that the federal government should only exercise powers explicitly granted to it by the Constitution. However, the Louisiana Purchase was not explicitly authorized by the Constitution, leading Jefferson to interpret the necessary and proper clause to justify the acquisition. This demonstrated his willingness to adapt his beliefs when necessary for the benefit of the country.
Give Justice Scalias responses to criticisms of his originalist position?
As an originalist, Justice Scalia is very skeptical about any type of "judge made" law. Scalia tries to look only to the words and original meaning of the constitution for his interpretation. When criticized about his opinions, he often says that justices like Ginsburg, Kagan, Sotomayor and Breyer are merely using their own thoughts to read the constitution rather than the text itself. For example: One of the rights that Americans hold dear, the right to privacy, is not mentioned in the constitution at all. Historically, the Supreme Court has used the right to privacy to justify all sorts of rulings, from those supporting abortion to those opposing phone wiretapping. Justice Scalia says that there is no such right to privacy in the constitution, and thus, abortion is not OK and wiretapping is. Another example: Scalia has faced criticism recently for his opinion on the equal protection clause of the 14th amendment. He believes that the 14th amendment was enacted solely to protect African Americans from racism. The trouble is that the 14th amendment has been used to protect women, as well as racial minorities, from discrimination. He believes that the constitution does not promote equal rights for women, but it does forbid discrimination against racial minorities. Scalia justifies his opinions with the fact that congress, and the states, have the authority to pass an amendment granting equal protection of the laws for gender, but that the 14th amendment cannot protect these rights. He says that the drafters of the 14th amendment only meant to protect minorities, and that is how he responds to criticisms of his originalist positions.
