American Constitutionalism
Answer the following questions with evidence from Supreme Court Cases.
What have been the dominant constitutional understandings during the various ears we’ve considered up to this point (i.e. the Pre-Constitutional Era, Reconstruction, the Republican Era, etc.)?
How has the Court treated the claims of women, racial minorities, and other differently or in the same way?
In what ways can you see the influence of the political climate of a given era on Supreme Court decision-making?
How have the right to contract and the due Process Clause changed over time?
In what ways can you see the influence of republican and liberal conceptions of law in some of the key cases we’re covered so far?
Did the passage of the Civil War Amendments (13th, 14th, and 15th) meaningfully change the level of protection offered to the newly freed slaves and other groups?
What are some examples of legal reasoning that originated in state courts but was later accepted federally?
What types of connections can you identify between the debates over the 13th, 14th, and 19th Amendments and the subsequent decisions of the Supreme Court?
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