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GRE Exam
The importance of the Bill of Rights in twentieth-century United States law and politics has led some historians to search for the "original meaning" of its most controversial clauses. This approach. known as "originalism." presumes that each right codified in the Bill of Rights had au independent history that can be studied in isolation from the histories of other rights, and its proponents ask how formulations of the Bill of Rights in 1791 reflected developments in specific areas of legal thinking at that time. Legal and constitutional historians, for example, have found originalism especially useful in the study of provisions of the Bill of Rights that were innovative by eighteenth-century standards, such as the Fourth Amendment's broadly termed protection against "unreasonable searches and seizures." Recent calls in the legal and political arena for a return to a "jurisprudence of original intention." however, have made it a matter of much more than purely scholarly interest when originalists insist that a clause's true meaning was fixed at the moment of its adoption, or maintain that only those rights explicitly mentioned in the United States Constitution deserve constitutional recognition and protection. These two claims seemingly lend support to the notion that an interpreter must apply fixed definitions of a fixed number of rights to contemporary issues, for the claims imply that the central problem of rights in the Revolutionary era was to precisely identity, enumerate, and define those rights that Americans felt were crucial to protecting their liberty.
Both claims, however, are questionable from the perspective of a strictly historical inquiry, however sensible they may seem from the vantage point of contemporary jurisprudence. Even though originalists are correct in claiming that the search for original meaning is inherently historical, historians would not normally seek.
It can be inferred that the author of the passage would be most likely to agree with which of the following statements about the Bill of Rights?
The following appeared in a memo from the president of Bower Builders, a company that constructs new homes.
"A nationwide survey reveals that the two most-desired home features are a large family room and a large, well-appointed kitchen. A number of homes in our area built by our competitor Domus Construction have such features and have sold much faster and at significantly higher prices than the national average. To boost sales and profits, we should increase the size of the family rooms and kitchens in all the homes we build and should make state-of-the-art kitchens a standard feature. Moreover, our larger family rooms and kitchens can come at the expense of the dining room, since many of our recent buyers say they do not need a separate dining room for family meals."
Write a response in which you examine the stated and or unstated assumptions of the argument. Be sure to explain how the argument depends on these assumptions and what the implications are for the argument if the assumptions prove unwarranted.
In 1995 the United States National Park Service reintroduced wolves into Yellowstone National Park, from which they had been eliminated decades before by overhunting. Biologists hoped the reintroduction would return the park's mix of animals to a more natural state. After the wolves disappearance, the population of their onetime prey, the elk. had burgeoned. Subsequently, new tree growth declined as multiplying elk browsed young trees, denuding certain areas of the park. Following the wolves" return, the elk population declined and young trees rebounded. Most scientists attribute the vegetation changes to the wolves1 return. However. Ration observes that Yellowstone has not had a harsh winter since wolf numbers reached high levels and suggests that elk may not have needed to resort to trees for food.
It can be inferred from the passage that the scientists would he most likely to cite which of the following in support of their view?