Constitutional Interpretations

Open Ended

Based on the video, which judicial philosophy did Justice Ginsberg most closely identify with?

Multiple Choice

What is the philosophy of Judicial Restraint?

• The philosophy that courts should actively overturn laws to promote social changes

• The philosophy that courts should generally avoid overturning laws passed or actions taken by democratically elected bodies

• The philosophy that courts should not be involved in interpreting the Constitution

• The philosophy that courts should make policy decisions and lead the direction of social and political issues

Drag and Drop

What do proponents of Judicial Restraint believe the courts should avoid?

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Avoid involvement in social and political issues

Avoid making any legal decisions

Avoid following the Constitution strictly

Avoid working with elected officials

Multiple Choice

According to the concept of Judicial Restraint, who should leave policy making to?

• Courts should leave policy making to the military

• Courts should leave policy making to interest groups

• Courts should leave policy making to elected officials

• Courts should leave policy making to non-governmental organizations

Multiple Choice

What is the philosophy of Judicial Activism?

• The belief that courts should not interfere in political matters

• The philosophy that courts must sometimes step into political and social controversies to protect Constitutional rights

• The idea that courts should only interpret the law and never influence legislation

• The concept that courts should always support government decisions

Dropdown

According to the concept of Judicial Activism, when should courts step in?

Select answer

Drag and Drop

Historically, which group has been more likely to support judicial activism?

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Conservatives

Liberals

Libertarians

Moderates

Dropdown

Which group has historically been more likely to support judicial restraint?

Select answer

Drag and Drop

How has the predictability of support for judicial activism or restraint changed in recent years?

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It has become more predictable

It has remained the same

It has become less predictable

It has become completely unpredictable

Multiple Choice

What is the role of precedent in the judicial system?

• It is used to disregard previous court rulings.

• It serves as a guide for future cases that are unrelated.

• It serves as a guide for future cases that raise the same legal issue.

• It is used to make the law less predictable.

Multiple Choice

Why might a Justice advocate for not using precedent?

• If the precedent is too old

• If they believe the original precedent was wrongly decided

• If the precedent is not popular

• If the precedent was set by a lower court

Multiple Choice

What challenge do Justices face when the text of the Constitution is unclear?

• They must use public opinion to decide the meaning.

• They must rewrite the text of the Constitution.

• They must decide how to determine what the text means.

• They must ignore the unclear text and make a new law.

Multiple Select

What power does Congress have over Supreme Court justices?

• They can impeach Justices from the bench

• They can appoint justices to the bench

• They can remove Justices from the bench

  
  

• They can determine what a federal law means

Multiple Choice

What are justices of the Supreme Court limited to deciding?

• On any case they choose

• What a federal law means or if a government action is unconstitutional

• The salary of the justices

• How many judges will be on the bench

Drag and Drop

If Americans do not like a Supreme Court ruling, what can they do?

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Appoint new justices

Decide on the salary of justices

Appeal to local legislators to change the law

Impeach and remove justices

Multiple Choice

What does originalism in judicial philosophy emphasize?

• The Constitution should be interpreted based on current societal norms

• The Constitution should be interpreted as it was understood at the time it was adopted

• The Constitution is a living document that changes with each judicial decision

• The Constitution should only be interpreted by the Supreme Court

Multiple Choice

According to originalism, how should changes to the Constitution be made?

• By judicial interpretation in line with modern values

• Through the democratic process of amending the Constitution

• By executive orders from the President

• Through referendums for each constitutional change

Multiple Choice

What is the concept of a Living Constitution?

• A historical document that cannot be changed or interpreted differently.

• A concept that the Constitution should be interpreted according to ancient values.

• A concept that claims the Constitution is dynamic and modern society should be considered when interpreting key constitutional text.

• A legal theory that strictly adheres to the text as it was originally written.

Multiple Choice

What do supporters of the Living Constitution believe about this approach?

• It undermines public support because it deviates from traditional values.

• It is inflexible and cannot adapt to contemporary values and standards.

• It will have public support because it can align with contemporary values and standards.

• It encourages judges to disregard the law completely.

Multiple Choice

What is the main argument of opponents of the Living Constitution?

• It is the best method to preserve the original intent of the framers.

• It is an invitation for judges to make up the law.

• It ensures that the Constitution remains unchanged.

• It aligns with ancient values and should be preserved.