how originalist theory might be reconstructed to address their concerns. And Madison had written that constitutional interpretation must be left to the reasoned judgment of independent judges, rather than to the tumult and conflict of the political process. Note: the major sources for material for this section were "Constitutional Law: Cases and Commentary" by Daniel Hall, and "On Reading the Constitution" by Lawrence Tribe and Michael Dorf. To assure these ends, the Framers of the Constitution created three independent and coequal branches of government. Democratic proponents advocate that the Constitution is not designed to be a set of specific principles and guidelines, but that it was designed to be a general principle, a basic skeleton on which contemporary vision would build upon. The legitimacy of construction by an unelected entity in a republican or democratic system becomes an issue whenever the construction is controversial, as it was most recently in the 1960s to the present. A century and a half ago, the French political observer Alexis de Tocqueville noted the unique position of the Supreme Court in the history of nations and of jurisprudence. The concept of constitutional interpretation is foreign in some countries, where the constitution makes a reasonable effort to cover every eventuality.
Constitutional Topic: Constitutional Interpretation - The
As evidence, democrats point out that many phrases, such as "due process" and "equal protection" are deliberately vague, that the phrases are not defined in context. That this Constitution has provided continuous democratic government through the periodic stresses of more than two centuries illustrates the genius of the American system of government. He also shows how originalism helps realize the democratic promise of the Constitution without relying on assumptions of judicial restraint. Ronald kahn, author of, the Supreme Court and Constitutional Theory, "One of the best and most sophisticated arguments for originalism ever presented. Prudential arguments seek to balance the costs and benefits of a particular rule. The Court does not give advisory opinions; rather, its function is limited only to deciding specific cases. 607, these are (1) historical, (2) textual, (3) structural, (4) doctrinal, (5) ethical, and (6) prudential. 608.706, using a structural argument, one seeks to infer structural rules from the relationships that the Constitution mandates. In Re: (March 2000 court Review (Fall 1999 university Press of Kansas September 1999 (September 2001) (Chinese translation 2005) 320 pages, cloth, paper isbn (cl X (pb).95,.95 Table of Contents University Press of Kansas description Return to Home Page. Even when it seems it is clear, there can be conflicting rights, conflicting spheres of power. This interpretation is seen to enhance democratic ideals and the notion of republicanism. The main argument against originalism is that the Constitution becomes stale and irrelevant to modern life if only viewed through 18th century eyes.
The issue: What are appropriate sources of authority to guide interpretation of the Constitution and what relative weight should be assigned to the various appropriate sources? Eight Reasons to be an Originalist. Theories of, constitutional Interpretation.