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8 Cards in this Set
- Front
- Back
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Historical
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Appeaks to apparent purposes and motivations of the framers. Views provisions of Constitution as solutions to problems that existed at the time of its creation.
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Textual
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Plain meaning of words today
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Originalism
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Public meaning of the words at time of ratification. Combination of historical and textual.
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Structural
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Appeals to a particular principle or practical result implicit in the structures of government and relationships created by the Constitution
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Prudential
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Appeals to practical widom or pragmatism. Considers political, social, and other extrinsic factors before the Court to determine what arguments Courts are institutionally suited to make.
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Doctrinal
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Applies precedent in a neutral (not going into specific facts or party names) way.
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Ethical
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Natural law/rights -- essential nature of entities or people
Fundamental rights/values -- culture |
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What is the Dole test?
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It determines if a state is being commandeered by the Legislature.
1. Spending for general welfare 2. Conditions must be expressly stated 3. Must be nexus between condition and federal interest 4. No independent bar/not too severe It came from a case where the federal government withheld funds from South Dakota for road construction because of its drinking age. |
