POL S 101 Midterm: Exam 3 Study Guide
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Question 1: 40 points, 20 minutes or less. Reference two documents scalia and breyer. Must use a reasonable interpretation of the language of the law. Textualists interpret the language of the law within a limited range of meaning. Use of a gun a reasonable reading of the words would say that use must mean that they threaten harm with the gun. Dredd scott decision slave that went to a free state and then was captured by a slave hunter and then appealed his case to stay free and they said that legally he was still property. It is up to the legislature to change the law not the judges job to reinterpret the law. Active liberty is ancient liberty and modern liberty. Ancient liberty: pure democracy and majority rule. Causes the minority to be trampled on which gives a rise to modern liberty. Modern liberty: emphasis on individual rights and liberties. The constitution was meant to balance the opposing impulses.
