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Any Prospective Supreme Court Justice Testifying Before the Senate Judiciary

Question 29

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Any prospective Supreme Court justice testifying before the Senate Judiciary Committee will profess an intention to "interpret the Constitution" if confirmed. A revealing follow-up question would be to ask the nominee what precisely is meant by "the Constitution." Drawing examples from three cases you have studied in this course, write an essay illustrating how justices may differ over "the Constitution" that is being interpreted. Your examples should illuminate at least three different understandings of what "the Constitution" may be.

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When it comes to interpreting the Consti...

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