The Constitutionality Of Congressional Legislation Essay example

1241 Words Oct 17th, 2015 5 Pages
The Supreme Court has gained a tremendous amount of power since the states first approved of the rights and limitations set forth for it in Article III during the Constitutional ratification process. Some of this accumulated power, such as the ability to analyze the constitutionality of Congressional legislation, appears to be justifiable in most cases. However, there have been several instances, especially the recent Obergefell v. Hodges case, where the Court has seemed to overstep its boundaries by a considerable margin. The problem is that the extent of the Court’s power depends on the interpretation of its authority as stated in the Constitution, and the Court itself has been granted the primary right to Constitutional interpretation. As William J. Brennan, Jr., wisely points out, the Court’s understanding of our founding document has far-reaching ramifications (Brennan 384). Therefore, it is important to not only understand the various theories of Constitutional interpretation, but also to be aware of the theories to which currently active Supreme Court justices and other government leaders adhere. In the following paragraphs I will expound on the viewpoints of Edwin Meese, III, a former attorney general, and William J. Brennan, Jr., a former Supreme Court judge, on Constitutional interpretation. I will close by contrasting the two viewpoints and explaining why I favor what Meese calls the ‘Jurisprudence of Original Intention.’ In his “Speech to the Federalist Society…

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