Subject: Law
Description: Law and the Legal System - Constitutional Interpretation

Problem: The United States form of government is often described as a “Constitutional Democracy “. The existence and importance of a written Constitution is a major diff ...there is moreshow problem
The United States form of government is often described as a “Constitutional Democracy “. The existence and importance of a written Constitution is a major difference between the American and British systems, although we share similar common law traditions. Scholars differ, often greatly, on how we, as Americans, should regard Constitutional principles in relation to majoritarian political demands.

a) What exactly do (or should) American Courts look to when determining what the “Constitution” says on a subject?
b) Discuss and explain the nine “modes” of Constitutional interpretation as given in the text.
c) Take one of the following subjects below, and discuss how the U.S. Supreme Court has interpreted the Constitution in determining the legal principles and the ultimate decisions in that subject. Use only cases in the text, but you can, and should, use more than one case in discussing that subject.
i) Abortion
ii) Race
iii) Death Penalty

Text: Courts, Judges, and Politics, An Introduction to the Judicial Process, Sixth Edition, Murphy, Pritchett, Epstein & Knight, McGraw Hill © 2006, ISBN# 0-07-297705-1 "