Essay on Federalist Alexander Hamilton : The Fundamental Law

1154 Words Jan 7th, 2016 null Page
Federalist Alexander Hamilton regarded the Constitution as the fundamental law, which is superior to any state statute, and as a limited Constitution. In Federalist Paper Number 78, Hamilton argues that the Supreme Court should have the authority to invalidate acts of Congress that are deemed unconstitutional, and that if there is a variance between the Constitution and a law passed by Congress, federal courts have the responsibility to follow the Constitution. Paper Number 78, having been cited in thirty-seven Supreme Court opinions as of April 2007, has had an immense influence on the debate regarding the interpretation and application of the Constitution (Coenen). Supreme Court Justice Antonin Scalia is an advocate of textualism, arguing that the meaning of the Constitution lies in the words of the document, and that the Constitution should be regarded in favor of its “original meaning”. Justice Stephen Breyer, on the other hand, argues in favor of a “living Constitution”, and that interpreters of the Constitution should focus on how the consequences of their decisions support or shy away from active liberty. The Constitution should be interpreted and applied as a limited “living Constitution” in order to allow the United States government to respond to contemporary issues the American people are facing, without blatantly taking away the Constitutional rights of American citizens.
Antonin Scalia believes that the Constitution is not needed to reflect the current wishes…

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