United States Constitutional Theory and Developmen, Part 2
Question 1: Describe: International Influences on the Development of the U.S. Constitution
Answer 1: The U.S. Constitution was written with the influence of international sources and factors. While a number of the concepts represented in the U.S. Constitution were unique, others were taken from classical political theories and from the British model of mixed government. Specifically, the U.S. Constitution was influenced by sections of the Magna Carta, which was written in the year 1215. Another influential document in the drafting of the U.S. Constitution included the English Bill of Rights, which was established in 1689. Specifically, as in the English Bill of Rights, the U.S. Constitution mandates a trial by jury, includes the right to bear arms, and bans the application of extreme bail amounts and cruel and unusual punishments. Many of the rights provided by the Magna Carta and the 1689 English Bill of Rights were indoctrinated in state laws and in the Virginia Declaration of Rights, and subsequently were indoctrinated in the Bill of Rights and the U.S. Constitution.
There are lots of good resources about Constitutional Theory that you can find available.
Question 2: Define: Constitutional Interpretation: Textualism
Answer 2: The theory of textualism is a form of constitutional and statutory interpretation. Specifically, proponents of textualism argue that the literal meaning of the Constitution or of a statute should guide the interpretation of the Constitution or of the statute. Individuals who support textualism do not believe that non-textual resources should be used to interpret the Constitution or statutes, such as the legislative intent that was meant when the law was passed, the issue that the law was meant to address or fix, or the important questions of the judge and impartiality of the law.
Question 3: Define and Give the Significance of: Grutter v. Bollinger
Answer 3: Grutter versus Bollinger was a 2003 Supreme Court case that upheld an affirmative action policy of the University of Michigan Law School admissions process. The case originated in 1996 when Barbara Grutter, a white in-state resident with a strong academic record applied to the law school and was denied admission. In 1997 she filed a lawsuit claiming that her rejection was based on racial discrimination and violated her Fourteenth Amendment rights, as well as Title VI of the Civil Rights Act of 1964. The case was heard in 2001 in a U.S. District Court, which ruled that the university’s admissions policies were unconstitutional. In 2002 the case was appealed to the Sixth Circuit Court of Appeals, which overturned the lower court’s decision. The case was then appealed to the U.S. Supreme Court in 2003, which ruled that the school’s affirmative action policy could remain in place, upholding the case of Regents of the University of California v. Bakke permitting race to be a factor in admissions but banning quotas.
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