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Constitution ambiguity and interpretation
Constitutional ambiguity
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What does the Constitution mean to me? Well the Constitution has many meanings to me, because in my family we are taught to respect the Constitution and the people that serve our country day and night. To me the Constitution can be interpreted many ways, isn’t that why we have nine Supreme Court Justices. Let me tell you what the Constitution means to me. 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
the Constitution help make our country a better place despite all of the violence that happens throughout the country. To me it has the laws that allow women and African Americans to vote in the United Sates of America. It has the amendments that allows people to keep and bear arms; I know I like that amendment because I like to hunt with my family when it’s hunting season, or to go out to the gun range and have some fun. Looking in a text book you might find a picture of the Constitution and the book saying that it’s a basic written set of principles and precedents of federal government in the US. Well that is all true but, to every person it means something else. For example to me the Constitution means a lot because it is what allows us to drive or if I wanted to after I turn 35 I could run for president. To me the Constitution means that I can do what ever I want but, it also as to be legal because cause at the age of 14 I personally don’t want to go to jail.
For example document a states, “sink the state government.” The letter from Thomas Jefferson to Gideon Granger mainly argues that the constitution is the best, and what it says should be done. Jefferson advocated for state’s right over national institution. He wanted more power to be given to the states. This document accurately supporters that Jefferson stood for his Democratic Republic's politics, they believed that the Constitution should be taken literally. Another example is from document d which states, “where is it written in the Constitution.” This shows Madison taking the Constitution strictly. This document talked about where in the constitution is stated that children can be taken away from their parents. He is taking the Constitution strictly, wanting to see where exactly does it give the power to take children away from parents. In this example Madison did not accurately characterize his party, because federalists believed in taking the Constitution lightly, but here Madison was taking the Constitution literally. Another example is from Jefferson writing a letter to Samuel Kercheval, “not an advocate for frequent and untried changes in laws and constitutions”. In this example Jefferson can be seen against the Constitution. His political party believed that the Constitution should be taken literally, but in
For many, the Constitution is the document meant too symbolize the freedom and liberty associated with America; over the course of a few years the most important aspects of a nation were created that still affect generations.
The Constitution is composed of 3 major parts. The first of which is the preamble. As the opening statement of the Constitution it outlines the goals the American people have for the country. In the preamble the people are assured the laws of the land would apply to all and be fair to all by this line “establish justice” (Doc 1). Peace and order in the nation along with the providing of defence for the people of America are also promised by the line “insure domestic tranquility, provide for the common defense.” (Doc 1). People were also assured their well being and their freedom as long as they lived in the law,Page 42R “promote the general, and secure the blessing of liberty to ourselves and our posterity” (Doc 1). The preamble sets the tone for the rest of the document and declares the document the “...Constitution for the United States of America.” (Doc 2)
Constitutional interpretation is the principle job of the Judicial branch, and citizens have a variety of earnest beliefs based off of the document as well. There were several incidents where Hennessey’s own opinions were present in his writing. While discussing the Second Amendment, he states, “ So, if “people” have the right to bear arms, government has the power to impose fair qualifications on that right” (p.95). I don’t have to disagree with this assertion to know that readers deserve to learn from unbiased materials. This is a fierce issue in our government, and many people contend that Second Amendment rights are absolute and should not be infringed upon. Other times, Hennessy presents both sides of an issue like whether the Constitution is a “living document” that changes as time passes, or what Textualists believe, which is that the constitution should be accepted exactly as it is written. The value of reading the
The true ideas written in the U.S. Constitution will be debated for all of time. No one knows the exact connotation of the Framers' words, but in today's world they are interpreted as words of freedom and liberty. The argument over whether or not the Constitution is as liberating as it is perceived may never be solved. This historic document has some unfortunate undertones that give it a counter-revolutionary feel, but at the same time it is full of wisdom to keep the American Revolution alive. While no one will ever truly know which side of the Constitution to believe, it has done its' job very well up till now, and will for many years to come.
A great deal of bills have been written and passed as legislation under the pretense that they would better outline the citizen’ rights and ensure their freedoms. Yet occasionally these laws are created with disregard to what is stated in our Constitution. At times they distort and twist the original meaning of the work, counter acting the purpose of creating the Amendments. The intention of Amendments was to be an outline of the rights of the people. They were to ensure that there would not be a repeat of what the framers had experienced when they set out on their mission to draft a document that would govern our country for years to come. Little by little our elected officials have been discounting our Constitution. There are many resulting repercussions; the most dear to everyone being the individuals rights. The end result of these interpretations being that our people are hurt, as we are slowly being stripped of our rights as U.S. citizens.
The constitution was a document that embodies the fundamental laws and principles by which the U.S is governed. The constitution states basic rights for its citizens. Delegates signed the constitution on September 17, 1787. There is a total of 27 constitutional amendments. The reasoning for writing it was for a stronger federal government - legislative, executive and judicial. The constitution was a break with a past of ‘unfair’ taxes, wars and ‘unfair’ treatment.
The. A constitution is the system of fundamental principles according to which a nation is governed. Our founding fathers created the US Constitution to set specific standards for our country. We must ask ourselves why our founding fathers created the Constitution in the first place. America revolted against the British due to their monarchy form of government.
views one can take. The Constitution can be viewed as a "living document" or in
The plan to divide the government into three branches was proposed by James Madison, at the Constitutional Convention of 1787. He modeled the division from who he referred to as ‘the Perfect Governor,’ as he read Isaiah 33:22; “For the Lord is our judge, the Lord is our lawgiver, the Lord is our king; He will save us.” http://www.eadshome.com/QuotesoftheFounders.htm
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.
The document I chose to write about is the United States Constitution. When the thirteen British colonies in North America declared their independence in 1776, they laid down that “governments are instituted among Men, deriving their just powers from the consent of the governed.” The “colonies” had to establish a government, which would be the framework for the United States. The purpose of a written constitution is to define and therefore more specifically limit government powers. After the Articles of Confederation failed to work in the 13 colonies, the U.S. Constitution was created in 1787.
“The Constitution leaves in its wake a long legacy, forever shaping the fate of many other countries. Whether those countries are currently in a state favorable to liberty or not, it is undeniable that the U.S. Constitution’s principles have caused people to rethink how to organize their political systems” (Hang). Time has only added value to the Constitution, for every time we reference it in our lives it is a testament of our trust and loyalty in what it states about our rights as individuals and the role the government plays in our lives. When it was written, the Constitution was the law of the land that gave people rights they had previously lived without. Similarly, we live lives of choice and independence because of the same document while other countries limit all the rights we are guaranteed in the Constitution. Simply put, “The Constitution is important because it protects individual freedom, and its fundamental principles govern the United States. The Constitution places the government 's power in the hands of the citizens. It limits the power of the government and establishes a system of checks and balances”
The Constitution of the United States is an intricate document, that has influenced and shaped many newly formed Democratic nations. Many people believe that the ideas in the American Constitution are all novel and original, but that is untrue. The roots of American Constitutionalism are found in the historical paradigms of Western tradition. The fact is, constitutional doctrines were long developed and put into use long before the birth of America. The Greeks, the Romans, the English, and even the Colonialist in the New World all formed constitutional doctrines that would later influence the Founding Fathers of the American Constitution.
The Constitution or “the supreme law of the land”, as stated in article six in the constitution is very complex. It is complex not only in its actual text full of ambiguities and vagueness, but it becomes more complex when used in practice and interpreted. Constitutional interpretation is significant because it is what decides what the constitution actually means. Constitutional interpretation is a guide judges use to find the legal meaning of the constitution. The interpretation of the constitution and amendments can make a big impact on outcomes. In our government and Judiciary, we see commonly see originalism being used to interpret the constitution and amendments, but there