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Question Description

Law — Case Law

“Answers do not have to be incredibly lengthy. Any answer that fully answers the question will suffice.

Judicial interpretation
What is a originalism? What is the living Constitution? In what ways are they compatible? In what ways do they differ?

The Judiciary
Define judicial review. How does chief justice Marshall defend the principle of judicial review in Marbury? How have later Supreme Court cases increased judicial review? What are the restraints that the Supreme Court imposes upon judicial review; please provide specific examples

The legislature
What are expressed powers? What are implied powers? How does chief justice Marshall defend implied powers in McCulloch? Since Marshalls decision, how did the Supreme Court Justices interpret implied powers differently? Provide specific examples. What are reserved powers? How do Supreme Court Justices interpret reserved powers differently?

The presidency
What are the powers of the presidency? Provide examples of how the Supreme Court has increased the power of the presidency. Provide examples of how the Supreme Court has power of the presidency.”

Final Answer

Done, thank you. All parts are well illustrated as per your instructions.


Running head: LAW

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Judicial interpretation
Originalism is the judicial interpretation of the constitution that aims to follow closely the

original intentions of those who drafted it. Supreme Court Justice Antonin Scalia defined
"originalism" this way: "The Constitution that I translate and apply isn't living yet dead, or as I
like to call it, persevering. It implies today not what current society, substantially less the court,
supposes it should mean, however what it implied when it was received “A living Constitution is
one that creates, changes after some time, and acclimates to new conditions, without being
formally overhauled. Framework originalism leaves space for future ages to work out and
assemble the constitution practically speaking (Kaczorowski, 2005). This makes the two
constitutions compatible. Originalism is taking constitution ...

Thomas574 (17856)
Cornell University

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