Interpretation Of The Constitution essay topics

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  • Original Text Of The Constitution Without Interpretation
    2,312 words
    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 ...
  • Very Broad Interpretation Of The Constitution Marshall
    427 words
    In the case of Fletcher vs. Peck, the Yazoo land grants were on trial. One Georgia legislature had sold millions of acres to four separate companies at a price of two cents per acre. (Garrity 174). When the next legislature came into power, it was learned that many of those legislators that sold the land had been corrupt. The companies had sold land to many small farmers who had no idea that the land should not have been sold in the first place. When the grant was taken away by the Georgian legi...
  • Jeffersonian Republicans Loose Construction Of The Constitution
    782 words
    AP AM HISTORY DB 3 - (An A+ Essays Original Paper, written by Zoo Patrol) With respect to the federal constitution, the Jeffersonian Republicans are usually characterized as strict constructionists who were opposed to the broad construction ism of the Federalists. To what extent was this characterization of the two parties accurate during the presidencies of Jefferson and Madison. Before 1801, the Jeffersonian Republicans were usually strict constructionists of the constitution. However during t...
  • Jefferson's And Hamilton's First Disagreements
    881 words
    Though both Alexander Hamilton and Thomas Jefferson served as members of President Washington's cabinet, the two held very different views on the newly founded U.S. government, interpretation of its constitution, and the role of the "masses" in that government. These conflicting views would develop in two political parties, the Federalists led by Hamilton and the Democratic-Republicans led by Jefferson. Although both political parties presented enticing aspects, Hamilton's views were much more r...
  • Strict Interpretations Of The Constitution
    575 words
    Between 1801 and 1817 the two parties in the national government of the United States traded sides on the issue of loose construction vs. strict construction of the Constitution because they had also traded sides of the power table. The Democratic-Republicans having gained power seemed to have abandoned their strict constructionist beliefs and adopted a broader perspective. The Federalists having lost power seemed to have dropped the loose construction and adopted strict interpretation. These ye...
  • Loose Interpretation Of The Constitution
    577 words
    The debate over the role of the judiciary in the government has been going on for a long time. Some say that the Supreme Court has overstepped the boundaries that it is to operate by, while others believe that much of the Constitution was written in such a way that it needs to be interpreted according to the situations that have arisen in today's society. These two opposing viewpoints are demonstrated by Robert Bork and Justice William Brennan. Robert Bork believes that the original intent of th...
  • Economic Interpretation Of The Constitution
    374 words
    Charles Beard's 'Economic' Interpretation In 1913, Charles A. Beard (1913 [1935]) consolidated various scholarly views of the Constitution and, in the process, offered what became identified as 'the' economic interpretation of the Constitution. Beard (pp. 16-18) argued that the formation of the Constitution was a conflict based upon competing economic interests - interests of both the proponents and opponents. In his view, the Federalists, the founders who supported a strong, centralized governm...
  • Constitution In A Broad Way
    443 words
    In the time period between 1801 and 1817 the Jeffersonian Republicans were regarded as strict constructionists however this political party made many decisions that were characterized as broad constructionism. The Federalists who were characterized as broad constructionism also abandoned their method of interpreting the constitution more than once and interpreted the constitution quite strictly. Although both these parties mostly stuck to their ways of looking at the constitution both did stray ...
  • Strict Vs Loose Interpretation Of The Constitution
    998 words
    In the early years of the United States, the Jeffersonian Republicans were generally characterized as strict interpreters of the constitution. They were viewed as following the doctrine of the Tenth Amendment, stating that all powers not delegated or prohibited by the federal government were reserved to the states. In contrast to this was the Federalist Party, which was characterized as loose interpreters of the constitution. They were viewed as allowing the power of the national government to b...
  • Justices With Different Approaches To Constitutional Interpretation
    839 words
    In my opinion it is important to have both interpretivists and noninterpretivists comprising the justices on the Supreme Court. It is because of their great differences in philosophies, and differences in their decision-making process that there has come to be a built in system of balance. The court must include justices with different approaches to constitutional interpretation. "A Court without dissenters is a Court that will not adequately inform us of the costs of choosing the path taken" (T...

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