Research paper topics, free example research papers
Free research papers and essays on topics related to: constitutional interpretation
- 10 results found, view research papers on page:
- Constitutional Interpretation - 1,307 words
Constitutional Interpretation Introduction In this essay I will try to explain and critique the two dominant methods of constitutional interpretation. Which are originalism and non-originalism. I will do this by taking help from "How to Read the Constitution" by Christopher Wolfe, and different source's from Internet. I will start by giving what Wolfe says originalism is, and then I will give some background to other ways to interpret the constitution, and the founders and interpretation and I will finish up with my view on originalism and non-originalism and the critics to that. Wolfe on Originalism Wolfe says that originalism is a two-fold doctrine. First, it holds that the constitution is ...
Related: constitutional, constitutional interpretation, interpretation, free speech, judicial review
- Checks And Balances - 1,079 words
Checks And Balances Constitutional Interpretation The problem of interpreting the Constitution and framer's intent is a constantly permeating and troublesome question in the minds of Supreme Court Justices, judges, prominent politicians, and policy makers alike. It is a problem that has been pondered for years and years in the courtrooms and on paper with no real conclusion. One such essay arguing this dilemma is "How Not to Read the Constitution" by Laurence H. Tribe and Michael C. Dorf, who explore the questions "Is reading the text just a pretext for expressing the reader's vision in the august, almost holy terms of constitutional law?" and "Is the Constitution simply a mirror in which on ...
Related: balances, alexander hamilton, small group, modern society, medium
- Checks And Balances - 1,118 words
... er is that they simply could not. This being the case, it is necessary for judges to be able to use the Constitution as a blueprint, and to make decisions based on good judgment, not on laid out specific rules. Even with all of these proofs, one of the most solid pieces of evidence that leads to the conclusion that the Constitution should be used as a backbone for judges today is a direct quote once taken from James Madison stating that future generations will need to make "...useful alterations suggested by experience" (Scholastic Update, 4). One would figure that if this came from the mouth of one of the original framers, that it is the way it should be. It could mean that they purpose ...
Related: balances, political scientist, united states supreme, washington university, originalism
- Flag Desecration - 3,221 words
... hese organizations petitioned Congress to reintroduce the Flag Protection Amendment. Since the ratification of the Constitution in 1789, some 10,000 attempts have been made to amend it. They have included ideas such as eliminating the Senate, and renaming the country the United States of Earth. But never in the nations history has anyone tried to amend the Bill of Rights. (Relin 18) To do so would be a dramatic step in that it could pave the way for further future limitations on our constitutional freedoms. For an amendment to the Constitution to be made, The house and the Senate have to propose (each by 2/3 vote) exactly the same text before the amendment is open for ratification by the ...
Related: american flag, flag, flag burning, university press, justice department
- Jefferson Vs Hamilton - 289 words
Jefferson Vs Hamilton Between Jefferson and Hamilton the two both wanted what was best for the newly formed country but just had different opinions on how to go about it. Hamilton wanted the United States to be governed by an aristocracy while Jefferson had his faith in the people and disagreed with Hamilton. On this basis the two had many disputes on issues in the country, such as the economy with farming and industry, the national bank, or how to interpret the Constitution. 1. Shipping and Manufacturing a. Jefferson-wanted U.S to be nation of farmers. b. Hamilton- encouraged shipping and manufacturing. c. One side result of this was Hamilton's proposal for a national bank d. Jefferson fear ...
Related: hamilton, jefferson, constitutional interpretation, national bank, constitutional
- Justification And Weaknesses Of Noninterpretive - 1,607 words
Justification And Weaknesses Of Non-Interpretive Justification and Weaknesses of the Non-Interpretive Model Brief: Justification and Weaknesses of the Non-Interpretive Model The question of Constitutional interpretation still has yet to be resolved. Should only the explicit commands of our nations Founding Fathers be referenced in courts of law, or can it be justified that an outside body should extrapolate from the specific text of the Constitution to define and defend additional fundamental rights? Further, if this body, namely the Supreme Court, bases its decisions of constitutional relevance not wholly on exact interpretation, then regardless of reason, are they wholly illegitimate? The ...
Related: justification, weaknesses, u.s. history, laissez faire, functioning
- Korematsu V United States - 1,026 words
Korematsu V United States U.S. Constitutional Survey Korematsu v. United States (1944) Korematsu v. United States (1944) actually began December 7, 1941 with the Japanese attack on Pearl Harbor. The attack on Pearl Harbor then began the conquering of Wake, Guam, Philippines, Malaya, Singapore, Dutch East Indies, New Guinea, Solomon Islands, and Burma. With the attack on Pearl Harbor, racism, which was hardly unfamiliar, became an even greater problem. The Japanese Government's attacks on Americans including; torturing, raping, and murdering was an excuse for Americans aversion towards the Japanese. Public officials began to lock up the Japanese people simply for their own good, for protectio ...
Related: states supreme court, united states supreme, united states supreme court, west coast, constitutional rights
- Stop Seeking Certainty Minows Response To Bork - 1,108 words
"Stop Seeking Certainty.." Minow's Response To Bork Philosophy Of Law In considering the views of Robert Bork and Martha Minow, I am impressed more by Minow. I will compare their respective views and arguments in an effort to show why I prefer the arguments of Minow to those of Bork. First though it is necessary to have a brief overview of Bork's philosophy. Bork is a firm believer in the originalist mode of Constitutional interpretation. Many different scholars may have differing views as to the meaning of the word originalism. Here, it is intended to define "an.. approach to constitutional adjudication that accords binding authority to the text of the Constitution or the intentions of it's ...
Related: bork, certainty, robert bork, seeking, legal principles
- Stop Seeking Certainty Minows Response To Bork - 1,089 words
... s. To deny this effect is to delude ourselves. This is the reason that I hold the view that impartiality is a myth. Our socialization is integral to our being, we are humans, not machines, and as such are not immune from our inner stereotypes, prejudices and beliefs. In addition, Minow points out that true objectivity would require a "God's eye view" , that is, a view which is capable of seeing everything at once. This kind of view is obviously unattainable by humans, and as Minow points out "those who claim it are untruthful" (Minow, pp. 171). Third, the Borkian view, in it's quest for impartiality shows a distinct preference for deference to the legislature, and in doing so fails to be ...
Related: bork, certainty, seeking, traditional methods, constitutional interpretation
- The Us Constitution - 1,063 words
The U.S. Constitution Article Five, clause two of the United States Constitution states, "under the Authority of the United States, [the Constitution] shall be the supreme law of the land." As a result of the fact that the current activist government is pursuing inconsistent policies, many believe the Constitution has become irrelevant because no guiding principles seem to exist. Thomas Jefferson once said, "The Constitution belongs to the living and not to the dead." Accordingly, it is often referred to as a "living" document because of its regular alteration and reexamination; therefore, the Constitution has not become irrelevant in defining the goals of American government. This will be s ...
Related: constitution, states constitution, united states constitution, state of the union address, states army
- 10 results found, view research papers on page: