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Q: US Constitution vs other constitutions
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Continue Learning about American Government

What did the US Supreme Court rule in Furman v Georgia?

In Furman vs. Georgia the court ruled that all existing death penalty laws violated the constitution.


What provisions in the US Constitution make it a flexible documentation?

The provision that provides flexibility to the U.S.Constitution is Article 5, which established procedures for proposing and ratifying amendments to the Constitution. Article 3 established the Supreme Court and the power of judicial review. It does not grant the Court the power to interpret the Constitution. However, in the 1803 case Marbury vs. Madison the Supreme Court determined that it had the right to interpret the Constitution, thus lending flexibility to the Constitution. -- Contributed by Ray Kovach, Chicago, IL


Can just the Supreme Court declare a law unconstitutional?

No, EVERY court is required by Oath to the US Constitution (taken by the judges, US Constitution Article 6) to pass judgment upon any law contrary to the constitution that is brought before it, whether challenged or not. And failure, or refusal of that action, is a crime (Treason: violation of oath of office); quoting Marbury vs Madison (1803) "To prescribe, or to take this oath, becomes equally a crime ... if they [judges] were to be used as the instruments, and the knowing instruments, for violating what they swear to support!"


Does the creationism act violate the establishment clause of the first amendment?

Yes, as determined by the Supreme Court of the United States of America in 1987 (Edwards vs. Aguillard), creationism cannot be taught in public schools as doing so would violate the US constitution.


What was the debate between the Loose Vs Strict Constructionist?

The strict constructionists wants to follow the Constitution down to the letter, in accordance with what the founding meant the terms to mean. The loose constructionists want to incorporate changes to society into the interpretation of the Constitution.