Interpretation of the U.S. Constitution - 1092 Words

The Constitution of the United States is a complex idea, adopted at a fragile time in American history and is the framework for our government systems. There are different ways to view this document and different ways to interpret it, which can cause debate over the proper and correct way to go about interpretation. Justice Antonin Scalia and former Justice William Brennan, are two intellectuals with different methods and ideas about the correct way to interpret and enforce the Constitution. To understand how the Constitution works for the people of America, one must first understand about the Justices of the Supreme Court who have the power of enforcing the rules and regulations of Americas most prized document. Unlike the other†¦show more content†¦Non- orginalists, such as William Brennan, believe that the Framers of the Constitution did not want control over the intrepretations of law and the rights of government and the American citizens. Non-originalist believe to fully and appropriately serve the American people according to law, a Judge must take his or her fundamentals from the Constitution, but also be flexible to modern day circumstances. Brennan goes on to say â€Å"†¦the constitutional text over the years confirms any single poposition, it is that the demands of human diginity will never cease to evolve.† Brennan thinks that political power and judiciary action should be able to adapt to a different world from â€Å"the values of 1789† to present time enlightenment (Brennan). While challenging the originalists views, Brennan brings forth an example concerning the Eighth Amendment and capital punishment. The Eight Amendment prohibits cruel and unusual punishment, yet the death penalty is still legal in many parts of the United States. If an originalists can claim to follow the Constitution strictly and without new world interpretations, then surely death violates â€Å"a punishment must not be so severe as to b e utterly and irreversibly degrading to the very essence of human dignity† (Brennan). In my opinion, the actions taken to protect the fundamental rights of the American people is not black and white. With such aShow MoreRelatedThe Decision Of The Court Essay1691 Words   |  7 PagesStewart, it is in the best interest of the country, and the Constitution that I urge you to not allow for a set of specific guidelines to be put in place to tell the Justices of the Court, how to interpret the Constitution. With the decision of Marbury v. Madison in 1803 the Court established its power of Judicial review(Judicial Learning Center, Web insert hyperlink), and it is up to the Justices to decide when and how the Constitution will be interpreted. 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However, using only that approach wouldRead MoreAsfasf754 Words   |  4 Pagesresponded to economic issues. b. Analyze how technological innovation has affected economic development and society. c. Explain how interpretations of the Constitution and debates over rights, liberties, and definitions of citizenship have affected American values, politics, and society. d. Explain how interpretations of the Constitution and debates over rights, liberties, and definitions of citizenship have affected American values, politics, and society. 2. The TransformationRead MoreTheu.s. And Texas Documents1184 Words   |  5 PagesA Constitution serves to establish a government, and act as a guide and a reference. It encapsulates the ideals of a citizenry, and delegates powers to a central government. Federal and state governments utilize distinct Constitutions tailored to the specific needs and challenges of governing at the national and local levels. 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