This line (Article I, Section 8, Clause 3) in the Constitution
gives Congress power "to regulate commerce with foreign nations,
among the several states and with Indian tribes." It governs
more than just the exchange of goods and services for money. It
is also the basis by which Congress enacts social policy involving
environmental, criminal and civil rights laws, and senators will
likely ask about the candidate's views on it.
Method of constitutional interpretation that involves applying
rules generated from precedent, i.e., previous court decisions.
Method of constitutional interpretation based on perceived moral
commitments and principals inherent in the Constitution.
Describes judges who create rights not explicitly stated
in the Constitution or overturn laws they deem are unfair. Often
used to describe liberal judges, but conservatives practice it,
Principle established by the Supreme Court in 1803 that
allows the court to strike down laws it deems unconstitutional.
Senate committee charged with weighing a presidential nominee
to the Supreme Court, as well as all other nominees to the federal
bench, and making a recommendation to the whole Senate as to whether
the nominee should be confirmed.
The idea that the Constitution and its meaning grows and
changes as society changes.
A philosophy of Constitutional interpretation based on
an attempt to understand the intent of the authors of the Constitution
when they wrote and adopted it.
One who bases interpretation of the Constitution on the original
meaning of the words in the document.
Past decisions by the Supreme Court and other benches that form
the established judicial thinking on a given subject.
Method of constitutional interpretation that involves weighing
the costs and benefits of laws and policies to society as a whole.
Latin for "let the decision stand." The ideas that previously
decided Supreme Court cases set binding precedents that are considered
One who strictly interprets the Constitution as it was written.
Method of constitutional interpretation based on rules determined
by relationships between the branches of government as mandated
in the Constitution.
Method of constitutional interpretation based on the text as it
would be interpreted by a reasonable person.