The Constitutional Interpretation Of The Constitution Essay

700 Words Nov 20th, 2015 3 Pages
“Constitutional interpretation is the process by which meanings are assigned to words in a constitution” (Principles). Today many of the most important issues in the United States are determined through Supreme Court Justices’ interpretations of the Constitution. Surprisingly, however, the method the Court should adopt when confronted with the question of constitutional interpretation has become a point of controversy. Since the ratification of the Constitution, legal scholars and political leaders have clashed on the specifics of interpretation, but none more publicly than Justices of the Supreme Court.
In 1878, Alexander Hamilton wrote in Federalist #78, “the interpretation of the laws is the proper and particular province of the courts. A constitution is, in fact, and must be regarded by the judges as, a fundamental law. It therefore belongs to them to ascertain its meaning” (The Constitution). James Madison also wrote extensively in the Federalist Papers about the Constitution’s role in the newly formed government. However, none of the writings provide explicit explanations of the founders’ intentions in regard to interpretation.
The consensus of some contemporary scholars and justices reflects that interpretation of the document should include a combination of current events and historical precedents. This group contends that an evolving or “living” interpretation is necessary, and that the framers allowed for this by writing in broad and flexible language. For…

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