The Pros And Cons Of Constitutional Interpretation

Words: 966
Pages: 4
Open Document
The United States Constitution preludes, “We the People of the United States, in Order to form a more perfect Union, establish Justice…promote the general Welfare, and secure the Blessings of Liberty to ourselves…do ordain and establish this Constitution for the United States of America”. The United States Constitution, a rhetorical masterpiece, even in its preamble contains a text that to this day is debated among the greats minds in the Judiciary. Questions emerge as to what is the meaning of Justice? Whose general welfare is to be promoted? And what type of liberty must be secured? These are the questions that have been debated since the Constitutions inception for which multiple avenues of interpretation can arise. This essay will first discuss a variety of methods for Constitutional interpretation, such as Originalism, Constitutional Fidelity, as well as Judicial Restraint and Judicial Activism. Secondly, this essay will analyze the role and …show more content…
Madison was the first instance by which the Supreme Court exercised the doctrine of judicial review. This means the laws enacted by the two other branches of government, the executive and legislative, are subject to review by the judicial branch as a check to ensure the preservation of the Constitution and the rights it guarantees to the American people. Although it is not specifically stated as a power for the Supreme Court in the Constitution, the power of judicial review has become an integral part of constitutional interpretation for Supreme Court justices. As the late Chief Justice Warren Burger said, “the doctrine of judicial review, as announced by Chief Justice John Marshall in 1803 in Marbury v. Madison, is likely to remain part of the American system…Marshall was the one who recognized the need to enunciate the doctrine as part of Federal Jurisprudence and seized the first opportunity to assert the power of the Court to measure an act of Congress by the yardstick of the
Show More

Related Documents: The Pros And Cons Of Constitutional Interpretation

Parlimentarism Vs Federalism

area.” Next judicial review i.e. the Supreme Court consists of 9 Justices they only deal with constitutional law, that is, determining if laws passed by congress are constitutional. They only hear cases which are brought to them and 5 or more of the 9, must agree to hear the case. The constitution is not open for our interpretation, It is only open to the interpretation as the court rules if constitutional or…

Words 652 - Pages 3

Essay on Terror: Fourth Amendment to the United States Constitution and Amendment

view spoke about the significance for obtaining a search warrant in all investigating procedures. The warrant assures that investigating officers wont consider the land beyond US borders as the lawless Wild West. “As a matter of United States constitutional law, a warrant serves the same primary function overseas as it does domestically: it assures that a neutral magistrate has authorized the search and limited its scope. The need to protect those suspected of criminal activity from the unbridled…

Words 2981 - Pages 12

Pros And Cons Of Unitary Executive Theory

How much power is too much power one may ask? Power for what, who, when why, well let’s take a closer look and conduct research over the topic of Unitary Executive Theory (UET). The Unitary Executive Theory is a theory of American constitutional law holding that the President possesses the power to control the entire executive branch. So how much power would be too much power when allowing the President to make decisions. This theory was implemented by the Bust administration and was claimed to justify…

Words 509 - Pages 3

Codified Constituion Essay

codified constitution with the exception of the UK, New Zealand, Israel and Saudi Arabia. This brings in to question how relevant and up to date the UK's political system is compared to the rest of the world. This essay plans to illustrate the pros and cons of a codified constitution and answers the original question; should Britain adopt a codified constitution? The main argument against a written constitution is that Britain has survived very well without one and that the strength of an unwritten…

Words 1088 - Pages 5

Legalization Marijuana Essay

major roles the US Supreme Court has played in the amendment process are, 1. Nationalizer of the Bill of Rights, 1925 to present, selective incorporation to the states, 2. Instigator of constitutional amendments, and 3. Interpreter of article V. IV. There is tension between Congress and the Court due to the interpretation of article V, and who gets the say in what amendments should be passed or not. Sometimes the SC makes decisions that Congress doesn’t like and they can overturn it causing obvious tensions…

Words 3988 - Pages 16

Principles Of The Australian Parliamentary System

creation of laws act as a forum for debate to provide a check on government Commonwealth Parliament consists of multiple components – the Crown, the Upper House, and the Lower House. [Commonwealth] Crown Australia is a constitutional monarchy. Its head of state is the Queen of England and there is an elected parliament. At a C/W level, the Crown is represented by the Governor-General (currently Sir Peter Cosgrove). Roles include granting royal assent to bills, establishing…

Words 6752 - Pages 28

Federation: Australia and New south Wales Essay

services, railway line widths, internal telegraph systems and defence forces differed from colony to colony. These differences caused many frustrations, especially for those conducting business. Mindful of this, politicians began debating the pros and cons of having a government for the whole country that had some common functions and laws, while allowing certain powers to remain with the colonies. Why federate? National defence By the 1880s, three security issues worried the colonial governments…

Words 2017 - Pages 9

Ap Gov Review

Hamilton and James Madison and John Jayy; argued philosophical foundations of U.S. gov. ; argued separation of powers and federalism check the growth of tyranny and also guard against dangers of direct democracy (controlled by majority only) Constitutional Convention- 1787 meeting of all state reps in Philly. Originally going to amend Articles but instead got rid of them Great Compromise- called for one house in which each state would have an equal vote (the Senate) and a second house (the House…

Words 3457 - Pages 14

Hr - Textbook Notes Essay

compensation, discrimination, labour relations and safety. * Constitutional Law * Charter of Rights and Freedoms – applies to all levels of gov’t; guarantees fundamental freedoms to all Canadians (included are equity rights – no discrimination against age, sex, colour, religion, mental or physical disability) * Legislated Acts of Parliament * Income Tax Act * Regulations for Legislation Acts – rules to aid interpretation of laws * Common Law – judicial precedents * Contract…

Words 3008 - Pages 13

Gun Control vs. Gun Rights Essay

Running Head: GUN CONTROL VS. GUN RIGHTS Gun Control vs. Gun Rights By Robert Marlow For CJ 450 Senior Seminar Dr. Michael Eskey Park University September 2009 Abstract Gun control and gun rights have been an issue that has been debated for decades. Whenever there has been a mass shooting of any magnitude, it seems that the debate heats up even more. Consideration must be given as to what the benefits are of these gun control laws. Gun control laws must also be written as…

Words 8942 - Pages 36