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