The current U.S. Constitution
- March 5, 2022
- Posted by: Phillip Author
- Category: Uncategorized
Do you see the U.S. Constitution as a document that should be interpreted as the founders created it in 1787 (originalist theory) or as a living document that should be interpreted to reflect the changes in America?
Does guaranteeing “life, liberty, and the pursuit of happiness” for those who feel oppressed under the current U.S. Constitution depend on how the Supreme Court of the United States (SCOTUS) interprets the law?
What would that mean for historically excluded groups (HEG’s are people who have been excluded from receiving the full rights and privileges in society. Ex: women, people of color, the LGBTQ+ community, people with disabilities, etc.)?
Why are some people still granted more rights than others?
Should the demographic changes in the U.S. population reflect how the U.S. Constitution is interpreted? Why?
Within the system of separation of powers, provide 1 recourse the current executive and legislative branches have to counteract potential political overreach if SCOTUS overturns Roe v. Wade.
Explain how checks and balance would work if a liberal-leaning president refused to execute the orders of a conservative-leaning SCOTUS. What would be the political, social, and democratic implications?
Would it be constitutional for SCOTUS to overturn Roe v. Wade but in the New York State Rifle & Pistol Association v. Bruen case, state that citizens have the right to bear arms without governmental influence?
Many of the states with the most restrictive abortion laws have the most relaxed gun laws. On September 1, 2021, Texas HB 1927 instituted “open carry”. Is there a correlation between reproductive rights and gun rights?
Who deserves the right to life?
Why are gun rights and abortion rights viewed differently?
Why have reproductive rights become more of a partisan fight vs a fight over beliefs?
Who profits and why was the narrative created?
What happens when your individual right infringes on the rights of others?
Required Reading (Yes, I want you to read these items.)
Solum, L. (2019).OriginalismVersus Living Constitutionalism: The Conceptual Structure of the Great Debate. Scholarly Commons. https://scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?article=1376&context=nulr (Links to an external site.) PDF: Solum.OriginalismVersus Living Constitutionalism The Conceptual Structure of the Great Debate.pdf
Oyez. (n.d.)Dobbs vs. Jackson Women’s Health Organization. https://www.oyez.org/cases/2021/19-1392 (Links to an external site.)
Suggested Reading (Optional)
Albert, R. (2020, June 30). Time to update the language of the Constitution.The Hill. https://thehill.com/opinion/white-house/505071-time-to-update-the-language-of-the-constitution?amp (Links to an external site.)
Allard, N. (2018). People are saying US democracy is falling apart — but it’s actually working like the Constitution intended it to. Retrieved on January 15, 2021 from https://www.businessinsider.com/us-democracy-is-not-at-risk-constitution-2018-9 (Links to an external site.)
Azerrad, D. (2015, December 28). What the Constitution Really Says About Race and Slavery. The Heritage Foundation. https://www.heritage.org/the-constitution/commentary/what-the-constitution-really-says-about-race-and-slavery (Links to an external site.)
Carson, T. (2021, September 3). Tucker Carlson: Texas abortion law demonstrates democracy still exists. Fox News. https://www.foxnews.com/opinion/tucker-carlson-texas-abortion-law-democracy (Links to an external site.)
Guttmacher Institute. (2021, August 1). An Overview of Abortion Laws: State Laws and Policies. https://www.guttmacher.org/state-policy/explore/overview-abortion-laws (Links to an external site.)
Legiscan.(n.d.).Texas Senate Bill 8. https://legiscan.com/TX/text/SB8/id/2395961 (Links to an external site.)
Martin, R. (2021). Ken Burns Says U.S. Has 3 Viruses: COVID-19, White Supremacy And Misinformation. Retrieved on January 20, 2021 from https://www.npr.org/2021/01/19/958189841/ken-burns-says-u-s-has-3-viruses-covid-19-white-supremacy-and-misinformation (Links to an external site.)
McLaughlin, D. (2020, October 16). Silly Attacks on Amy Coney Barrett and Constitutional Originalism.The National Review. https://www.google.com/amp/s/www.nationalreview.com/2020/10/silly-attacks-on-amy-coney-barrett-and-constitutional-originalism/amp/ (Links to an external site.) (This article is free, however, the website limits the number of times you can view it.)
Miller, D. A. H. (2021, June 29). African Americans and the Insurrectionary Second Amendment.Brennan Center for Justice. https://www.brennancenter.org/our-work/research-reports/african-americans-and-insurrectionary-second-amendment (Links to an external site.)
Oxner, R. &Barragan. J. (2021, November 2). Abortion providers and gun rights advocates are “strange bedfellows” in fight to strike down Texas’ new abortion law. The Texas Tribune. https://www.texastribune.org/2021/11/02/texas-abortion-law-gun-rights/ (Links to an external site.)
Purple, M. (2021, May 21). Dobbs V. Jackson: This Is The Big One. The American Conservative. https://www.theamericanconservative.com/articles/dobbs-v-jackson-this-is-the-big-one/ (Links to an external site.)
Totenberg, N. (2021, May 17). In Challenge To Roe, Supreme Court To Review Mississippi Abortion Law. NPR: All Things Considered. https://www.npr.org/2021/05/17/997478374/supreme-court-to-review-mississippi-abortion-ban (Links to an external site.)
University of Missouri-Kansas City School of Law.(n.d.).Theories of Constitutional Interpretation. http://law2.umkc.edu/faculty/projects/ftrials/conlaw/interp.html (Links to an external site.)