The Debate On Constitutional Interpretation - 1730 Words

The 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 approach 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: originalism and activism. While the intent of the Framers should certainly not be ignored in reading and applying the Constitution’s words, it is important to view the document with a certain degree of modernity. The originalist approach towards†¦show more content†¦He posits that each word is the result of arduous argument between the Framers and that to take an approach that doesn’t view the Constitution with the intent of the Framers in mind is to ignore the documen t’s meaning. Perhaps his most persuasive attack on the activist position was his argument against the use of penumbras, a concept heavily used by the Supreme Court in Griswold v. Connecticut. â€Å"Specific guarantees in the Bill of Rights have penumbras, formed by emanations from those guarantees that help give them life and substance. Various guarantees create zones of privacy. . .retained by the people.† Meese swiftly combats this idea by mocking the very nature of penumbras and their use. He writes, â€Å"Instead they have grounded their rulings in appeals to social theories, to moral philosophies or personal notions of human dignity, or to ‘penumbras,’ somehow emanating ghostlike from various provisions -identified and not identified - in the Bill of Rights.† This is a logically sound point that aptly points out a major flaw of the penumbral argument - if this interpretation doesn’t come from the body of the Constitution, let alone the Framers’ intent, there is no Constitutional interpretation happening whatsoever. Meese’s argument greatly falters, however, when he admits that the Framers could not foresee all issues that would arise for judicial review. This simple sentiment effectively invalidates the rest of his argument by admittingShow MoreRelatedThe Debate Over The Method Of Constitutional Interpretation1556 Words   |  7 PagesThe debate over the method of constitutional interpretation has passionate and convincing rhetoric from both sides of the aisle. On one side, contenders of a loose interpretation argue that our understanding of the Constitution adapt with our society today and new developments that have been formed since it was first written. Conversely, strict constructionists argue that the interpretation of the Constitution must be based off of what is plainly written in the Constitution- nothing more and nothingRead MoreThe Constitution Is Revered For Both Its Age And Its Brevity944 Words   |  4 Pagesand enforcement. With that being said, the words of the Constitut ion 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. According to the Constitution, the Supreme Court has the authority to decide if a law passed by Congress is Constitutional. However, the vagueness of the Constitution allows for the Supreme Court to interpret the Constitution differentlyRead MoreThe Constitution And The Law877 Words   |  4 Pagesoriginalists and Living Constitutionalists, viewpoints in their interpretation of the Constitution and present their arguments in relation to their perspective on the Constitution. In addition, I will apply their interpretational philosophies in the case Griswold v. Connecticut and ascertain the impact of their philosophies to the outcome of the case. The originalists, one of the two opposing proponents, believe in the theory of interpretation, that views the Constitution s provisions mean what the framersRead MoreWhat Is Federalism1066 Words   |  5 Pagesboth national and state governments. This division of political authority between the two entities is called federalism. The delegates at the Constitutional Convention were in agreement that some degree of federalism was necessary; however, the amount of federalism that was to be written into the Constitution was rather controversial. After the constitutional Convention, two views of federalism arose. One view of a strong federal government was advocated for by Alexander Hamilton. He believed the nationalRead MoreStereotypical Portrayal Of Homosexuals And The Homophobia Towards Homosexuals1656 Words   |  7 Pagesright decision in the Obergefell case because of their view on constitutional interpretation. A Dworkinian approach was taken during this case because the court to ok more a legislative role than a judicial role. Ronald Dworkin recommends that judges approach the Constitution as â€Å"a constitution of principle† rather than a â€Å"constitution of detail†(Dworkin â€Å"The Constitutional Drama†, 119). Dworkin believes that this view of constitutional principle is keeping the framers original intentions and languageRead MoreStatutory And Constitutional Analyses Are Important Than Others938 Words   |  4 PagesStatutory and constitutional analyses are imperative in many different ways. However, some elements pertaining to legal philosophy are more significant than others. Statutory analysis is not as significant when compared to constitutional analysis; however, it still contains principal features. â€Å"The construction and application of provisions adopted by legislatures† envelops the purpose of statutory analysis (Coleman 271). Statutory analysis occurs strictly when the rights are indistinguishable,Read MoreDebate over the Strength of Central Government1056 Words   |  5 PagesDebate Over the Strength of Central Government The period of 1783-1800 was shaped by the debate between those who supported a strong central government and those who wanted more power given to the states. This period dealt with issues surrounding the formations of factions that threatened to split the young nation, the inclusion of a Bill of Rights, and the constitutionality of a national bank. Factions divided the people into those who supported a strong central government and thoseRead MoreThe Constitutional Convention Of 17871383 Words   |  6 PagesAt the Constitutional Convention of 1787, the original purpose of the convention was to revise the Articles of Confederation. However, despite this original goal, many of the delegates sought the creation of a new government. Leading this movement were James Madison and Alexander Hamilton. Both men sought change but had significantly different causes for action. Madison believed the best solution was for the executive power to be checked by the legislature as a means to best represent the peopleRead MoreThe Federal Common Law Interpretation1216 Words   |  5 Pagesconfusing legal situation of the Native American tribes. This status leaves states in a similar situation as states but with a shrinking amount of limited sovereignty. Some claim this is the federal common law interpretation’s failure and that a constitutional approach is necessary to solve the problems with tribal jurisdiction. These arguments hope that clarity and defined parameters of jurisdiction will establish a new concrete definition of tribal jurisdiction. Other sources just propose to continueRead More Abortion and the Privacy Amendment Essay795 Words   |  4 Pagesbe let alone. Since then, the right to privacy has provided the basis for a stream of revolutionary and controversial constitutional interpretations by courts across the United States, culminating in the U.S. Supreme Courts Roe v. Wade decision in 1973. Although decisions have come down in favor of a right to privacy, they are largely based on a broad and disputed interpretation of the Fourteenth Amendment. With the plethora of privacy issues that confront courts and policymakers in the current

Impact Of Technology On Society s Society Essay - 1549 Words

Impact of Technology on Society Large sections of society have the ability to travel whenever and to wherever they please, whether be it for pleasure or work. Communication with friends and family across the globe happens instantaneously with a simple click of a button. The movement of resources and products occurs around the world daily and items that were at one time based in a location across the globe can be delivered and on hand the next day. Global transportation, communication and trade create an immense network, which ultimately shrinks the world while at the same time expands our knowledge of other cultures and practices. This network allows people to connect on a worldwide scale; an idea that was not even conceivable a hundred years ago. The world has not always been the massive and interconnected society that it is today. Populations were often isolated by geography and economics. It has come a long way from the prehistoric times when communications were stories passed do wn by word of mouth and cave drawings and continues to flourish in a large variety of new and creative ways. From small tribes consisting of hunters and gatherers the world has morphed into a complex and interconnected group of diverse people that continue to discover new, revolutionary ways to improve life. (Copp, 2015) Humanity’s ingenuity and rapidly increasing need for information has propelled society on a quest that makes it increasing more dependent on technology and the many benefitsShow MoreRelatedThe Impact Of Technology On Society s Society1573 Words   |  7 PagesThe Impact Of Technology On Society Technology has always played an important part of our history, whether it impacts the medical field, astrological instruments, microscopic technology, and these innovations have all played an important role in changing the scientific views of society. These inventions were very important in the direction society took as a whole and should be recognized as such. However there were inventions that had more of an impact on the general society as others, and changedRead MoreThe Impact Of Technology On Society s Society1572 Words   |  7 PagesImpact of Technology on Society It goes without saying that Thomas Edison has been among the most impactful human beings to have ever walked the earth. Thomas Edison is responsible for pushing society into a new technological era thanks to his numerous inventions. I will briefly explain the life of Thomas Edison, the use and how he came upon all of his inventions and finally how it lead to the technological advancements that we see to this very day. This will lead to a better understanding of whoRead MoreThe Impact Of Technology On Society s Society2131 Words   |  9 Pages The Impact of Technology on Society Close to ninety percent of Americans currently own a computerized gadget such as a computer, cell phone, Mp3 player, tablet computer, game console, e-book reader, etc. (Gahran). These are gadgets that some people use in their everyday lives whether they’re at home lounging around playing on their cell phone, watching television, at school, or at work having to use the computer to get their job done. Technology is everywhere, even when you don’t notice itRead MoreImpact Of Technology On Society s Society1457 Words   |  6 PagesLynna Hong Donna Middleton English 101 24 April 2017 Look Up Growing up in today’s society is much different than it was twenty years ago, because today our society revolves one thing--technology. Technology is advancing each and everyday that people are becoming so attached to their electronic devices to the point where many feel they cannot live without it. With the advancement of technology, it has led to various problems such as lower communication skills, social isolation, bad habits, andRead MoreTechnology And Society s Impact On Society1568 Words   |  7 PagesTechnology and Society Introduction There are those who would claim that technology has not adversely influenced society in any overt way, and in fact that â€Å"technology has made society more durable,† yet in spite of this claim, it becomes clear that the technology/society divide and its subsequent associations have caused a vast number of problems within society today, not the least of which is the blurring of the line between the use of technology and basic societal interactions, resulting in aRead MoreImpact Of Technology On Society s Society2013 Words   |  9 PagesImpact of Technology in Today’s Society Have you ever wonder your life with the use of the technology which can restore entire world information? The Book Feed by M. T. Anderson take us to the world where people are mostly reliable on device which manipulate them with every single decision that want to make it. The Author Bring up point with question that in Society should we concern about used Technology or just take as much advantage we can and make ourselves Foolish? I agree with the AuthorRead MoreTechnology s Impact On Society957 Words   |  4 Pages Technology’s Impact on Society in the Banking World Technology s impact on society has changed in many areas of our lives. Technology has changed travel, you can now book your own plane ticket without going to a traveler’s agency, schooling you can take classes online, and have access to doctors and medicine without having to leave your home. I chose to write about the topic of banking. With the help of technology banks are able to reach out to more customers and provide better services toRead MoreTechnology s Impact On Society1507 Words   |  7 Pagesalia Monsanto ENC1101-Swirsky Argumentative/Persuasive Essay Technology’s Impact on Society 21ST century technology has indubitably made life more convenient for us. This can be looked at in a positive or in a negative way. Technology has essentially taken over the world. Replacing almost everything in our homes, schools and communities. Modern Technology has brought tons of negative effects on society including depression, lack of social skills, obesity, poor sleep habits, stress, constant distractionsRead MoreTechnology Impact Today s Society1099 Words   |  5 PagesTechnologies impact in today’s society is constantly changing, but not always for the better. â€Å"One of five children under the age of sixteen now own a smartphone. (â€Å"The Gadget Website†) The average age of a child that receives their first cell phone is eleven. I worry about a child’s well-being when I see them with these devices. On my tenth, birthday my father bought me a cell phone. I was unaware of the potential consequences I later faced when I misused it. Parents are givi ng children phones withoutRead MoreThe Developmental Impact Of Technology On Today s Society937 Words   |  4 PagesThe Developmental Impact of Technology on Today’s Society Society has become slaves to technology. Our society depends so greatly on technology that we have lost the ability of face to face communication. Nowadays all you see are people with their face stuck in their phones or latest gadgets and being oblivious to the world. The obsession and need to use technology affects every developmental stage. The affect starts at the young age of infancy and continues into childhood, adolescence, and adulthood

Kingship in Macbeth Free Essays

Throughout the play we see many of Shakespeare’s ideas on the topic and theme of kingship but also what he thought the qualities a man should have to rule his country Macbeth is a play about power and about how the characters in the play handle it and use it. These characters are judged as leaders by their personalities, relationships with their subjects and their attitude towards the country. The characters Duncan, Macbeth, Malcolm and Edward all represent their own brand of kingship and as the play progresses we see the faults in each of these. We will write a custom essay sample on Kingship in Macbeth or any similar topic only for you Order Now The first to represent kingship in the play is Duncan. He is loved by his subjects and this love is well deserved and Duncan may be considered the most generous and loved king but that does not mean he is infallible. He is a good king has two sons and cares for Scotland. He is described as a sainted king by Macduff in Act 4 scene 3. Duncan places a lot of trust upon his soldiers and they are very loyal as we see in the bleeding captain fighting against mercenaries and Macbeth says himself his loyalty and service to Duncan is sufficient for his reward and also says †he hath honoured him of late† and the essence of Duncan’s good nature creates doubts in Macbeth with regards to the murder and Lady Macbeth has also experienced this kindness, a large diamond received for been a good hostess. We see Duncan is decisive when it comes to the matter of traitors as the thane of Cawdor is executed swiftly following his deception from Duncan’s ranks. We also see a definite flaw in his nature as he is naive and overly trusting, this is evident when he says † there is no art to find the minds construction in the face † and his ability to sense the deception and treason of the thane of Cawdor and Macbeth shows a lot about his short comings in dealing with certain aspects of his rule which at the time the play was set it was a very important ability to have as a king and his misplaced trust is seen in his haste to reward Macbeth with his new title of Cawdor. In act 4 scene 3 Malcolm lists of the traits of a good king including justice, verity, temperance, stableness, bounty, perseverance, mercy, lowliness, devotion, patience, courage and fortitude and Macduff in response says a king without any of the following does not deserve to live. Also in this scene we see Malcolm testing MacDuff’s loyalty saying he is worse than Macbeth, even though it’s not very ensuring that his believable lying and a quickness to flee following his father’s murder shows fear but it does show he is learning from the mistakes of his father which is a subtlety in the play as to what kind of king he would be. On a more evident note we do see he does know the characteristics of a king and already has loyalty from his subjects which shows a much more stable rule but is questionable if his accession to the throne was smooth and he will remain reliant on his nobles as I father once was. The main issue of the play regarding kingship regards the rule of Macbeth which gives a scenario of the latent potential for evil in kingship. It is clear Macbeths only interest is in his own agenda and plans which seriously contrasts with the list read out by Malcolm in the scene previously mentioned. Macbeth’s unstable rule is only maintained by resorting only to murder and terror against his subject and Macbeths use of these tools is mainly caused by hi deep rooted insecurity. This shows kingship has the potential for good and for evil . In the time of Shakespeare the King was believed to be an agent of God and God himself spoke through the king and as Macbeth is not rightfully king his control disturbs the natural order of nature and the earth becomes †feverous† showing the connection between kingship, nature, and all things balanced is to Shakespeare and the majority of his people at the time believed was real. The killing of Duncan to obtain the crown was also described as †unsanctified† due to Duncan being instilled with †divine right† which raises the issue that Macbeths crime is not only unjustly but unholy and a crime against God himself. Macbeth being aware of this prior to the murder he said he would †jump the life to come† meaning he is damned. These thought of eternal damnation weighs heavily in Macbeth’s corrupted mind and is a catalyst for his declining unpopularity as the king and is described as a tyrant, hell-kite, usurper, butcher and as devilish which also agrees with the religious side of his kingship. Coming up to the end of Macbeths reign we see he has alienated and abandoned his wife, ordered the killing of innocent women and children and his best friend and has lost the loyalty of all his Thanes and now completely relies on occult prophesies which were completely still led to the demise of the once ambitious soldier, Macbeth. Addressing the character of Edward even though he doesn’t show up on stage at all he is established as Macbeths opposite and contrasting sharply in regards to the religious aspect of the play, the doctor says people are healed by his †holy touch† , †solicits heaven† and is †full of grace†. The lord in act 3 scene 6 says he is both †pious† and †holy† his †white magic† runs in opposition to the witches black magic. Edward believes the heart of Scotland can be cured by pray but sends 10’000 men to assist Malcolm and MacDuff showing diplomacy and strategy. Shakespeare contrasts the various modes of kingship in the play, a combination of political manoeuvring, religious and spiritual believe and the kingly graces as defined and appreciated by loyal subjects and the optimistic conclusion that those not in possession of their worth will not be accepted as kings and throughout the play we see the that the countries suffering or prosperity is a direct reflection of the moral of its king. How to cite Kingship in Macbeth, Papers

Evaluations

Evaluations- Ruff Ryders And Cash Money Millionaire Concert Essay Word Count: 563Grade B+Evaluation EssayRuff Ryders and Cash Money Millionaires This concert was held on Thursday March 2, 2000. Some ofthe hottest rap and rb artists included in this mix were DMX,Juvenile, Ruff Ryders, Drag On, Hot Boyz, Eve, The Lox, LilWayne, Big Tymers, and B.G. It was hosted at the MarineMidland Arena in Downtown Buffalo. Tickets ran anywhere from$40. 00 to $55.00 for the five hour long show. The wait to get in was some what frightening due to acheck point like station everyone had to be searched at. Police and security guards patted each and everyone down fordrugs, weapons, and what ever else they could try and stop. After the long wait to get in you found your seat and waitedfor the group who was first. You would figure that know onewould be doing any drugs due to the search before you got inthere, but I was wrong not even ten minutes before the showyou could smell the pot in the air. That was one of the fewthings wrong with this wild and crazy concert. After it wasover that was all you smelled like and you were feeling thecontact buzz as it felt like things were moving in slowmotion. DMX opened the concert with one of his greatest songsIts All Good. All the ladies in the place were going wildwhen he yelled, where my ladies at! while he then tore off Mike Barrpage 2his shirt and threw it in the crowd. DMXs time on the stagewas incredible his voice was sounding good in concert unlikemost rappers voices. As the night passed on the music wasturned up a couple notches. All of the groups were soundinggood until it got to Eve. This young lady singer is nice tohere on the radio with her vocals tuned to perfection, but inconcert it was horrible and the crowd was going from crazy tojust about silent. Juvenile was the last rapper to finish the(what felt like short) concert. By the time he came up therethe music was so loud you couldnt here the guy sing. Youwould be singing along because you know the words and when thebass, of the beat of the song kicked in you couldnt hear himsinging. One of his top songs Back That Ass Up drove thecrowd nuts as some of ladies in the crowd became topless andstarted shaking there booties. But when you could here him hesounded excellent. By the time the whole thing was over youwere yelling we want more. Getting out of the place took five times as long as itwould getting out of a Sabers game. The reason being everyonewaited until it was over, I dont think there was one personwho left during it. This was another downfall of the concert,roads were packed as long as getting out of your parking spacedue to the lack of road space. You would figure they wouldmake a one way road so you can have two or four lanes insteadof one or two. Mike Barrpage 3The majority of the crowd at the concert were verypleased with the Ruff Ryder and Cash Money Millionaires Crew. Most of the people I talked to like it a lot and had very fewcomplaints. Most of them wanted to know when the two crewswill be in town again.