Interpreting The Constitution Originalist And Living Essay

According to Antonin Scalia there are two types of approaches to interpreting the Constitution: originalist and living. Which approach do you believe the Court should take? Why? How does this approach affect the policymaking process? I prefer to the approach of living when interpreting the Constitution. I think the majority of law should change and evolve over time as the society advances constantly. The Constitution was established over two hundred years and it was created to deal with the issues at that time. With time passed by, some terms were not suitable for the current issues. The pioneers who drafted the Constitution could not predict the changes on the technology, the economy, the international relationship and the social media. It was not realistic to make the outdated rules to guide the life of people invariably. Changing the law with the time was a positive practice, so that the Constitution could better fit the society. The originalist believed that â€Å"to determine the meaning of a particular constitutional phrase, the Court should look to the intentions of the founders† (Sidlow Henschen, 329). However, this approach was a little stiff because the drafters viewed the issues with the thinking of that time. The United States has experienced the Civil War, the World War and a plenty of movements that strove for various rights toward the African American, female, homosexual and some other groups. It has become one of the most open-minded countries in the world. SoShow MoreRelatedTheu.s. Constitution Vs. The Constitution1399 Words   |  6 PagesThe U.S Constitution was written by James Madison and was ratified on July 21, 1788. Ever since people had trouble determining how it should be interpreted. When judges interpret the constitution, they are interpreting new facts to an established law that has been given meaning and has a historical background. Many people argue that it should be read how it was written who are known as Originalists. Then there are people who believe that the Constitution evolves as society does and they are knownRead MoreThe Constitution Is Revered For Both Its Age And Its Brevity944 Words   |  4 PagesThe U.S Constitution is revered for both its age and its brevity. The Constitution is a short and concise document has been able to stand the test of time and it has remained the ultimate guide of principles for law creation and enforcement. With that being said, the words of the Constitution are unclear in many respects. Politicians have debates over the Constitution due to the reason that it is difficult to figure out what the Framers meant when they originally wrote the Constitution. AccordingRead MoreThe Debate On Constitutional Interpretation1730 Words   |  7 PagesThe debate on Constitutional interpretation is far from a new one. For years, the argument over how the Constitution should be read has varied, from the strict textualist app roach to the most lenient, the instrumentalist position. The Constitution has long been referred to in terms of being a living or dead document, and its interpretation has significant ramifications on this country’s legal climate. This paper will analyze and compare two different forms of Constitutional interpretation: originalismRead MoreIn Order To Better Understand Justice Antonin Scalia’S1975 Words   |  8 Pageswritten law that is set down by legislators. Scalia makes the argument in which he explains that judges abuse their power by interpreting statutory text in the way a common-law judge would interpret common law. In turn Justice Antonin Scalia offers his judicial interpretation approaches as solutions to constrain judges who abuse their power. Justice Antonin Scalia was an originalist and a textualist (Scalia 1997). Statutory law is written law that is set down by legislators. Ultimately it is the judge’sRead MoreThe Supreme Law Of The Land1989 Words   |  8 Pagesdocuments in this country. With that being said, many dispute how the constitution is meant to be interpreted by today s society. Viewpoints vary usually based on political affiliation and origin of birth. Although the constitution is the supreme law of the land, a majority of citizens interpret it using originalism, instrumentalism, literalism, and normative reinforcement. Originalism is the interpretation of the constitution which follows closely the original intentions of those who drafted it;Read MoreIncrease Minimum Wage During The Great Depression1834 Words   |  8 Pagesof the Constitution states that â€Å"Congress shall have Power to provide for the common Defence and general Welfare of the United States†; by interpreting the Constitution as a living Constitutionalist would, to provide for the general Welfare of the United States an increase in the minimum wage is necessary for its citizens (Barbour). The United States Constitution was written at a convention that Congress called on February 21, 1787. The framers intent behind creating the Constitution was to establishRead MoreConstitutional Interpretation of Checks and Balances Essay1671 Words   |  7 PagesInterpretation of Checks and Balances The problem of interpreting the Constitution and framer’s intent is a constantly permeating and troublesome question in the minds of Supreme Court Justices, judges, prominent politicians, and policy makers alike. It is a problem that has been pondered for years and years in the courtrooms and on paper with no real conclusion. One such essay arguing this dilemma is â€Å"How Not to Read the Constitution† by Laurence H. Tribe and Michael C. Dorf, who explore theRead MoreHow The Constitution Should Be Interpreted? What Effect Does Their Powerful Decisions Have On America?1345 Words   |  6 PagesQ: What is the role of the Roberts Court in light of current conditions in the 21st century in deciding how the Constitution should be interpreted? What effect does their powerful decisions have on America? T: What role the court chooses for itself in the unfolding of history is sometimes more important than the facts of the particular case at hand. Their power is so great and influential in nearly every major issue of our time that any way they fall on an important decision directly influencesRead MoreThe True Nature Of The Canadian Charter1485 Words   |  6 PagesCharter as part of the evolution of the constitution does not suddenly place Canada in a brighter light where justice is eminent and achieved easily for society as a whole. Likewise, the method of appointing judges to the Supreme Court of Canada (SCC) has forced the judicial interpretation of the Charter to be perceived negatively by the rest of Canada. While some might argue that the living tree doctrine of constitutional interpretation is essential when interpreting the Charter, this principle can beRead MoreThe Constitutional Interpretation Of The Constitution Essay1833 Words   |  8 PagesTraditional Originalism led the court as the method of constitutional interpretation until the late nineteenth century. Judges were compelled to interpret the Constitution based on the original meaning of the provisions. The Originalism view interprets the constitution line by line exactly as the founders would have found it. Later, during the early twentieth century, progressives in the legal community proclaimed that due to the changing social environment as time goes on in the nation, the political