Preview

Originalist Approach To The Interpretation Of The Constitution

Good Essays
Open Document
Open Document
1335 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Originalist Approach To The Interpretation Of The Constitution
The United States Constitution sets the rules for the way in which the country is run. It tells the leaders what they can and cannot do, where their boundaries are, and the foundation which the country is based upon. The Constitution is the piece of writing which allows the general public to practice their religions and speech freely, or the debatable right for anyone to own a gun. Without this Constitution these things would be much more difficult. Although the Constitution is a written one, the interpretation of this work is still up to debate. Through judicial review, laws are determined whether they are Constitutional or not by the Supreme Court. As the power of the judiciary exists, the Originalist approach to Constitutional interpretation …show more content…
Within originalism there are different forms that are allowed to take place, for examples some believe that two versions exist: skyscraper originalism and framework originalism. Within skyscraper originalism, the different branches of government: legislative, judicial, and the executive all engage in politics within the boundaries of the Constitution. This differs from that of framework originalism where the branches work together to create the Constitution. This is only possible as the way the Constitution was written was quite vague, meaning that it could be interpreted in many ways, causing for many to approach the document from different angles. This is where the importance of judicial interpretation …show more content…
These would be instances such as how different jurors interpret the same constitution differently. This has happened on numerous occasions in the United States; even coming to the point when the court overturns a previous court’s decision. This is evident in cases such as Plessy v. Ferguson and Brown v. Board of Education. These cases both dealt with the subject of segregation and whether or not it can be considered unconstitutional. Plessy, which happened in the late 1800s, not long after the United States Civil War dealt with a man who refused to sit in the colored railway car as he was supposed to. Through this case it was declared that in fact this did fall within the Constitution as both colored and white people both were segregated to their own railway cars; meaning that if a white person wanted to sit in the colored car they would not be allowed to. This decision was then overturned in Brown v. Board of Education in the mid-1900s when the Supreme Court decided that segregation was detrimental to the development of colored people, making it unconstitutional under the Equal Protection clause of the Fourteenth

You May Also Find These Documents Helpful

  • Good Essays

    The Framers of the United States Constitution vested immense power in the judicial branch of the government. Over the years, the highest Court of the land, the United States Supreme Court, has ruled on a multitude of cases, making new laws and setting precedence. The American people deem the judicial body supreme and, perhaps irrationally, trust they will interpret the Constitution more accurately and ethically compared to the executive and legislative branches. However, decisions of the courts are not purely legal, but rather a synthesis of attitudinal, legal, and strategic processes.…

    • 802 Words
    • 4 Pages
    Good Essays
  • Satisfactory Essays

    1. The Constitution is when a country has both formal and informal limits and is the backbone of our American Government. It established our principles and rules set by our nation and is the work of an “American experiment” in self-governance it has also established democracy as we know today.…

    • 278 Words
    • 1 Page
    Satisfactory Essays
  • Good Essays

    The Constitution is undoubtedly the strongest and most important document in United States history. It is the Constitution that was responsible for forming our government, along with setting forth the duties and restrictions of this newly created government. The Constitution also provided the people with certain rights that the government was prohibited from taking away. The United States Constitution is said to be the supreme law of the land and all Presidents, governors, state and federal judges and legislators are tasked with the promise to uphold it. As strong as the Constitution is, it is also flexible.…

    • 944 Words
    • 4 Pages
    Good Essays
  • Powerful Essays

    Constitutional interpretation has been among the foremost politically pressing issues since the moment the ink from the founder’s pens dried. The vague, broad wording – originally intended by the founders to allow the constitution to grow with our fledgling democracy – has led to intricate disputes arising over issues such as the true meaning of the word “commerce” and the intended extend of federal jurisdiction in Marbury v. Madison. After over two centuries of contestation, the court has organically settled on two basic methods of interpretation, each championed by leading Supreme Court justices: Originalism and Non-Originalism. Despite arising from individual personal ideologies of justices, they have come to be the defining methodologies…

    • 1511 Words
    • 7 Pages
    Powerful Essays
  • Better Essays

    The Constitution is a document that establishes America’s national government and grants rights to citizens. The first document that established a structure for the national government was the Articles of Confederation which granted no power to the federal government. This document was proven ineffective because not enough power was granted to the federal government. The Constitution took its place as the framework for the United States and has been in effect ever since. Regardless of personal opinions, the United States Constitution has proven to be effective due to its strict definitions of government institutions, its implementation of checks and balances among the three branches of government, and its ability to have differing, flexible…

    • 1198 Words
    • 5 Pages
    Better Essays
  • Satisfactory Essays

    The United States Constitution is the fundamental framework for our country and the most important document in its history. It establishes the form of the national government and defines the rights and liberties of the American people. The Constitution has survived and stayed current for over 220 years because it was written in such a way that gave it the ability to adapt to changing times while adhering to basic principles. This capacity to adapt makes the Constitution a living document.…

    • 591 Words
    • 3 Pages
    Satisfactory Essays
  • Good Essays

    The Constitution of the United States is a document representing the supreme law do the land. Supreme Court Justices are vested with the power of evaluating this document with corresponding laws and coming up with judgment on their relevancy and constitutionality. However, justices often find themselves at odds on how to decipher the documents original meaning; much like in Obergefell vs Hodges, where Justices Kennedy and Roberts disagree on how the Constitution should be interpreted. In a "Concise Guide to the Federalist Papers," written by Gregory Maggs, the “original meaning” of the constitution is broken down into three different definitions that can be used as foundations for assessing the logic that stems from court opinions. Based off…

    • 695 Words
    • 3 Pages
    Good Essays
  • Better Essays

    Legislative History Paper

    • 1950 Words
    • 8 Pages

    Interpreting statutes is never simple and sometimes even problematic; there are several reasons for this. First is because the United States does not have a generally accepted and consistent applied theory for interpreting statues[1]. Second, statutes are written and the texts used to write the statutes are sometimes vague, or the text might be outdated and have a new meaning. Finally, interpreting statutes are sometimes problematic because the entire statute might have been constructed vaguely and left open to interpretation. The problems with statutory interpretations caused many legal scholars to debate on what method is best suited for interpreting statues. Two prestigious Supreme Court Justices provided their opinion on what method is best suited for interpreting statues as well. Justice Scalia praises textualism, in which “one need not be too dull to perceive the border social purposes that a statute is designed, or could be designed, to serve; or too hidebound to realize that new times require new laws. One need only hold the belief that judges have no authority to pursue those broader purposes or write those new laws”[2] Justice Breyer praises legislative history, in which one reviews and analyzes “the statements made in the floor debates, committees reports, and even committee testimony, leading up to the enactment of the legislation.”[3] Given the fact that statutes are sometimes ambiguous, the use of legislative history is occasionally needed in order to resolve statutory conflicts, and this is why the use of legislative history should never be completely abandoned.…

    • 1950 Words
    • 8 Pages
    Better Essays
  • Good Essays

    The Constitution is an outline framework of fundamental laws for governing the United States and guaranteeing the basic rights of its citizens. The founding fathers wanted a democratic and balanced nation under control without too much interference from the government. In the Constitution, two of the six principles that we have, is a limited government, to prevent tyranny of the despot, as well as checks and balances. Limitation in the government is where the governmental power is restricted by law. No one has ultimate power so that we can all live in a free and equal society.…

    • 1070 Words
    • 5 Pages
    Good Essays
  • Good Essays

    Judges that used originalist interpretation judge cases by what they think that the Founding Fathers intended at the time the Constitution was drafted. This means that not only do they look to the Constitution for answers, but also sources like the Federalist papers, letters written by the Founding Fathers, and even Senate history notes when it comes to cases dealing with the Amendments. This form allows an interpretation to be as true to the Constitution as possible. Justice Scalia is an example of an originalist.…

    • 605 Words
    • 3 Pages
    Good Essays
  • Good Essays

    In the Constitution’s case, the group that discusses the meaning of the law is the judiciary branch of the government, whose job is to interpret the Constitution. A Supreme Court who interprets the Constitution loosely often secures more liberties of the country’s citizens, one of the factors in the government’s role. An example of a case where this can be seen is Roe V. Wade. This case secured, in a 7-2 decision, that the right to an abortion was a fundamental right of the American people. The argument for the majority opinion was that, even though the word abortion or privacy is not found in the Constitution, "the right of privacy, whether it be founded in the Fourteenth Amendment's concept of personal liberty and restrictions upon state action, as we feel it is, or, as the district court determined, in the Ninth Amendment’s reservation of rights to the people, is broad enough to encompass a woman's decision whether or not to terminate her pregnancy”.…

    • 1274 Words
    • 6 Pages
    Good Essays
  • Powerful Essays

    The most used defense in United States history has always been the Constitution. People have justified many deeds and/or criminal actions with this document. Written a little over two hundred years ago, it’s no surprise that the Constitution is highly debated. In fact, the United States has an entire branch of government specifically for interpreting the Constitution: the judicial branch. However, even the judicial branch’s interpretation is debated; the Supreme Court is constantly judged for its decisions. People wonder just what role the Supreme Court must have in interpreting the Constitution; many varying ideas have surfaced about this. Some take on a more literal interpretation of the Constitution when judging the level of constitutionality…

    • 1324 Words
    • 6 Pages
    Powerful Essays
  • Satisfactory Essays

    What does the Constitution mean to me? That question in itself has many meanings. I personally believe that if we did not have the Constitution we would all be in turmoil and have no direction to go in. The constitution was put in place to install rules and laws to abide by as citizens of the United States of America. I can honestly say that some of those Amendments have been challenged by a lot of people throughout history and have not always ended the way that they would have wanted it to. To me the constitution allows government to be set up to succeed and without it I believe that the government would fail and society would enter multiple world wars because there would be no standards for anyone to follow as citizens.…

    • 416 Words
    • 2 Pages
    Satisfactory Essays
  • Better Essays

    As society’s dynamics of interaction evolves through time due to technology, globalization and unpredictable future events, the law that governs the society has to evolve as a result. This is to ensure that justice is served with effectiveness and fairness. Henceforth, judges play an important role towards this development of the legal system to a certain extent, through their decisions made within the parameters of certain doctrines that provide consistency and guidance (Lewis, 2012). Two such doctrines are the judicial precedent and the statutory interpretation.…

    • 2369 Words
    • 10 Pages
    Better Essays
  • Better Essays

    A main issue in government and specifically the judiciary branch is the Constitution. The Constitution is the basis of our ever-changing society, as it is the backbone to decisions we make regarding our nation. However, there is a debate that plagues our nation regarding this important document: Constitutional interpretation. Since the Constitution was written, judges, lawyers, and citizens alike have differed on how they believe a court should evaluate the document that gave our country the formulation it has today. There are two major approaches that officials take when evaluating the Constitution: an originalist approach and a living document approach. Originalism is an approach where judges and lawyers interpret the Constitution as it was…

    • 1416 Words
    • 6 Pages
    Better Essays