An examination of the differing views on the constitution

October 01,

An examination of the differing views on the constitution

This Topic Page concerns the various interpretations of the Constitution that have evolved over time. The Constitution is many things to many people. Undoubtedly, it is the frame work for the Government of the United States of America, defining the three branches and clearing delineating the powers of the branches.

Theories of Constitutional Interpretation

It also undoubtedly grants certain power to the federal government and grants others to the states; and it undoubtedly guarantees the basic rights of the people. The Constitution is short; it cannot and does not attempt to cover every eventuality. Even when it seems it is clear, there can be conflicting rights, conflicting spheres of power.

When disputes arise, it comes time for people, and most importantly judges of the Judicial Branch, to interpret the Constitution. The concept of constitutional interpretation is foreign in some countries, where the constitution makes a reasonable effort to cover every eventuality.

These constitutions are generally rigid and little changing, adapting slowly to advances in political views, popular opinion, technology, and changes in government. Constitution, however, has been termed a Living Constitution, in part because it grows and adapts to internal and external pressures, changing from one era and generation to the next.

When a new situation arises, or even a new variation on an old situation, the Constitution is often looked to for guidance. It is at this point that the various interpretations of the Constitution come into play. There is no one right way to interpret the Constitution, and people often do not always stick to one interpretation.

Below, then, are the major divisions in interpretation; your own personal beliefs may fall into several of these categories. Originalism, or, Original Intent Originalists think that the best way to interpret the Constitution is to determine how the Framers intended the Constitution to be interpreted.

They look to several sources to determine this intent, including the contemporary writings of the framers, newspaper articles, the Federalist Papers, and the notes from the Constitutional Convention itself. Originalists consider the original intent to be the most pure way of interpreting the Constitution; the opinions of the Framers were, for the most part, well documented.

If there is an unclear turn of phrase in the Constitution, who better to explain it than those who wrote it? Opponents of originalism note several points. First, the Constitution may have been the product of the Framers, but it was ratified by hundreds of delegates in 13 state conventions - should not the opinions of these people hold even more weight?

Across USS Constitution‘s nearly year history, her bow has been graced with several different carved ashio-midori.com examination of those figureheads, billetheads and trailboards illustrate the changing look of “Old Ironsides” across the centuries. 3 days ago · Yet, much as the differing views between the majority and the dissenting opinions on the maintainability of the petitions and the denominational status of the temple are stark, the real nub of the. Nov 17,  · One view of the U.S. Constitution is that it means what it says in the text, and should be applied to a court decision accordingly.

Also, the Framers were a diverse group, and many had issues with specific parts of the Constitution. Whose opinion should be used?

An examination of the differing views on the constitution

Next, do the opinions of a small, homogeneous group from years ago have the respect of the huge, diverse population of today? To a black woman, how much trust can be placed in the thoughts of a white slave owner who's been dead for generations?In fact, the inquiry which follows is based upon the political science of James Madison, the father of the Constitution and later President of .

Yet, much as the differing views between the majority and the dissenting opinions on the maintainability of the petitions and the denominational status of the temple are stark, the real nub of the. The examination consists of 50 multiple-choice questions based on principles of the U.S.

Constitution, political institutions created by the U.S. Constitution, and the protections of individual civil rights and civil liberties provided by the Constitution and Amendments (including interpretation of these protections by the U.S. Supreme Court in.

For a document that has been the supreme law of the land in the U.S. for more than two hundred years, the United States Constitution can be awfully controversial.

3 days ago · Yet, much as the differing views between the majority and the dissenting opinions on the maintainability of the petitions and the denominational status of the temple are stark, the real nub of the.

Noah Webster, An Examination into the Leading Principles of the Federal Constitution.

Two Views of the U.S. Constitution: Which do You Support? | ashio-midori.com

10 Oct. Pamphlets In America, we begin our empire with more popular privileges than the Romans ever enjoyed. We have not to struggle against a monarch or an aristocracy--power is lodged in the mass of the people.

Americans divided on how the Supreme Court should interpret the Constitution | Pew Research Center