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Essay on interpretation of constitution
Interpreting the constitution essay
Essay on interpretation of constitution
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Everyone in America likes the constitution but it’s vague. The Supreme Court has their way of interpreting the constitution. The judicial interpretation of the constitution consists of five different interpretations. The Judicial Branch job is to uphold the constitution however; their view about the constitution is different in interpreting what it says or doesn’t say. The Supreme Court is presented with cases that they have to decide if it has constitutional validity, this task is known as judicial review. They make this decisions based on their own judicial interpretation theory. The five judicial interpretation theories are Natural Law theory, Pragmatist, Internationalist and Originalist that includes textualist and intentionalist. At of all these five theories the best one is the Originalist, textualist theory. Why make the constitution vague if it can be simplified into the real words the founders said? We can narrow the constitution interpretation into one theory and it would be beneficial to all.
The Originalist’s theory represent What Would the Founding Fathers Say? The Founding Fathers created the constitution for a reason, being that it would presumably be the law of the land and it has. The constitution is known as “the supreme law of the land” and for that reason it should be followed as it is written, it includes everything that the Founding Fathers created to help run a country. The original intent of the Founding Fathers is meant to be kept, who are we to change their views on things? When they wrote it out for us, what they wrote is what we should follow. We cannot be rule by the passions of our time and not consider the constitution and the past. We are bound to the constitution as it serves as a mean to hel...
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... private property can only be taking for public use. What is in the constitution cannot be change or interpreted differently because you than get the government changing the constitution to fit its benefits. Here Originalist, textualist should have been use to interpret the constituion . The Supreme Court decided on a case that should have been in favor of Kelo because the constitution specifically states what to do in situations like that.
Overall Originalist is the Judicial Interpretations that connects us with what the Founder wanted us to get from the constitution. In these written words are the guide and knowledge they left us to guide this nation. Without the constitution we would have fallen a long time ago. The interpretation of the constitution is Originalist, it has everything we need to know about our law, a law that has the answers in black ink letters.
...udicial branch of the American government must be checked by the legislatures of states. To prevent instances like this from reoccurring, it is essential for state legislatures to take preventative steps and draft bills that would further limit the ability of the government to appropriate private property while still protecting private property owners. At the federal level, since it is abundantly clear from the case of Midkiff that the Supreme Court will defer to the Congress to define “public use,” a constitutional remedy needs to take place in the form of an amendment to the Constitution. It would be essential that an amendment to the Public Use Clause would specify the guidelines and standards of a “public use” to preserve the original intent of the legislative authors and provide the necessary private property protection to which all all Americans have a right.
Originalism, an orthodox principle of legal interpretation, focuses on interpretation pursuant to the original understanding of constitutional words . This incorporates arguments from the ‘text, context, purpose and structure of the constitution’. The originalist method of constitutional in...
The Federalist, No. 10, by James Madison is a clear expression of views and policies for a new government. Madison was a strong supporter and member of the Federalists whose main beliefs favored the Constitution. They also believed that the Articles of Confederation needed to be rewritten so that a new central government would control the power of the states.
authentic document is for the audience to draw their own conclusions without outside influence. This is why a more complex study of the Constitution should include the original and other resources like the Graphic Adaptation.
...ailable. Charles A. Beard argues this point in his book An Economic Interpretation of the Constitution of the United States, stating that “The Constitution was essentially an economic document based upon the concept that the fundamental private rights of property are anterior to government and morally beyond the reach of popular majorities.”
The Constitution, when first introduced, set the stage for much controversy in the United States. The two major parties in this battle were the Federalists and the Anti-Federalists. The Federalists, such as James Madison, were in favor of ratifying the Constitution. On the other hand, the Anti-Federalists, such as Patrick Henry and Richard Henry Lee, were against ratification. Each party has their own beliefs on why or why not this document should or should not be passed. These beliefs are displayed in the following articles: Patrick Henry's "Virginia Should Reject the Constitution," Richard Henry Lee's "The Constitution Will Encourage Aristocracy," James Madison's "Federalist Paper No. 10," and "The Letters to Brutus." In these documents, many aspects of the Constitution, good and bad, are discussed. Although the Federalists and Anti-Federalists had very conflicting views, many common principals are discussed throughout their essays. The preservation of liberty and the effects of human nature are two aspects of these similarities. Although the similarities exist, they represent and support either the views of the Federalists or the Anti-Federalists.
Although today in the twenty -first century we have more of a regulated federalism, the basic concepts of protection of individual rights along with free expression of ideas is still at the core of our current political philosophy. The founders intentions, primarily fueled by the Federalists, sought to create a national system under which the new area of democracy would thrive in the shadow of what they perceived to be an oppressive past with mother England.
Remember earlier when I said that the Constitution can be interpreted many ways well, that’s how I view it also. I have been taught the Constitution in many different classes throughout the years going to school. I have been taught that the Constitution is a big old sheet of paper that lists all of our laws and amendments that the Founding Fathers made. To me these laws that make up
There are two major ways that the Constitution is interpreted. One of which is called the “Strict Constitution” of national law, an example of this would be the “Dred Scott decision. The other way is the federalist position, where the Constitution grants broad power to the federal government. Two great examples of this type of interpretation were Chief Justices John Marshall and Earl Warren.
Strict interpretation has been described as the Constitution authorizing a power or privilege in order for either the action or privilege to be legal. Loose interpretation has been described as the government being able to act seemingly freely as long as the Constitution doesn’t prohibit an action. Furthermore, our Constitution is definitely a profound document. The Constitution is small, compact, and written in very plain language easily understood by all. The Constitution is unlike our legal code, which makes its contents accessible to anyone who can read. That's intentional and a loose interpretation completely stirs away from that
Constitutionally, the case at first appears to be a rather one-sided violation of the First Amendment as incorporated through the Fourteenth. The court, however, was of a different opinion: "...
The Federal Constitution is a short document which only consists of approximately 7,000 words.The founders wanted it to be short for several reasons:(1) It's meant to be only be a framework for a new government. Basically, Constitution as merely a guideline for how the government should behave.Nowhere does the Constitution read as merely suggested, everything written in it seems pretty definitive, especially about what Congress should and should not do. (2) The founders were ,also framers of the Constitution, practitioners of centuries-old common law. As known, common law legal system is characterized by case law, which is law developed by judges through decisions of courts and similar tribunals.The founders were steeped in incremental change by the judiciary and they believed that, with the careful interpretation by the judiciary, the document they drafted would be flexible over time. It would adapt to changes they could not anticipate. That is precisely why the Constitution is so short.
The new Constitution of the United States, ratified in 1789 by James Madison, created an entirely new system within America, which had never been attempted before. The first consideration to make is the new institutions created by the Constitution. Before its adoption, America was operating under the Articles of Confederation This document offered us a set of universal values out of which laws and codes have emerged and have been carried out . As such, it symbolizes the essence of constitutionality—that government must be restrained by the rule of law. The constitution has succeed in its ability to encourage government by wise forward statesman, In addition the creation of the three branches has discourages the negative effect of factions and has restrain government from taking more power than entrusted to it, Additionally it has restrains itself particular from using that power to reduce individual liberty.
In my opinion to the question. That is if I think that the framers intended for a strict or loose interpretation of the Constitution. To first answer this question, we need to define what a strict and loose interpretation means. Without that, we would have little understanding of what the question is asking.
What of the idea that the Constitution changes as society changes? Well, this contention is firstly false; we have already shown that words don’t change, people’s inferences change. Thus, what’s really being said is “We change what we infer about the Constitution, not based on the Constitution, but on society’s positions.” This position is the great antithesis to the idea of a Constitution, and a Republic. Allow me to explain: