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Question
- using a hypothetical situation, a case comes before the supreme court challenging a state law of limiting how many children a married couple could have. how would a judge vote using a loose interpretation approach?
there is not enough information to say
they would vote to overturn the ban
they would vote to uphold the ban
A loose - interpretation approach means that judges believe the Constitution is a flexible document. They look beyond the literal text and consider the broader principles and the changing needs of society. In this case, limiting the number of children a married couple can have could be seen as an infringement on personal liberties (a broader principle). A loose - interpretation judge would likely view the state law as over - reaching and against the spirit of individual freedoms (even if not explicitly stated in a narrow reading of the Constitution).
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They would vote to overturn the ban.