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Base the question on the following reading!! Constitutional Interpretation and Loving vs. Virginia - Corrected (Must google the article) Discuss whether or not
Base the question on the following reading!! "Constitutional Interpretation and Loving vs. Virginia - Corrected" (Must google the article)
- Discuss whether or not the Court violated the 14thAmendment Equal Protection in theLovingdecision and why?
- Discuss whether the "where criminality of the act is dependent on the race of the actor" as indicated in theLovingdecision, has implications in current cases and decision? Discuss which cases in particular, and the ideology of criminalization of Blackness is perpetrated in the case(s) you discuss.
- Discuss whether theLovingdecision was correctly interpreted by the Court at the time of the decision and would an interpretation of the a "Living" Constitution (as cited in the article), require a different interpretation by Judges in a contemporary setting.
- Discuss Derrick Bell's position on "The Interest Convergence Dilemma" (from the text reading assignment). What is the principle of "interest convergence"? Discuss if you can detect "interest convergence" in a historical sense (Loving case) and in a contemporary setting such as in the George Floyd case where recent charges were added to the indictment faced by the officer.
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