Government of the US A2 module

Revision on supreme court cases etc


Strict constructionalist approach

  • literal and narrow reading of the constitution
  • origonal intent of framers of the constitution
  • favoured by Conservatives = object implied rights/powers e.g. Roe v Wade (1973)
  • strict constructionalist approach = US v Lopez (1995) (Rehnquist court refuse to broardly interpret "interstate commerce" allowinf fed. govt ban on gun ownership near school!!!
  • Current Roberts Court
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loose constructionalist

  • Broard interpretation of the constitution
  • establishment of implied rights powers etc
  • application to MODERN circumstances
  • Fed. Govt. = expand responsibilities) implied powers and extended rights
  • Roe v Wade (1973)
  • Conservatives accuses: make policy and not interpret
  • Warren Court (1954 -1969) and Burger Court (1969-1986)
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