Originalism

understand. As a result, people who believe it is a living constitution argue that interpretation should change with the times. Others argue the case of Originalism, the belief that the Constitution must be followed exactly as stated, or that the Constitution is a fixed document. U.S. Supreme Court Justice Antonin Scalia is a supporter of Originalism and argues that it is “the only proper way to interpret the United States Constitution so that judges are not given license to create or eliminate…

On September 17th of 1787, a group of men to whom we call “The Founding Fathers,” wrote one of the most famous documents; The United States Constitution. The goal when writing the constitution was to help better American lives by creating a set of Ten Amendments that grant basic rights to all citizens. The Founding Fathers essentially took pieces out of other famous documents like those of The Magna Carta (1215), The English Bill of Rights (1689), and The Virginia Statute of Religious Freedom…

Shooting holes in the Gun Rights Movement “Your dead kids don’t trump my constitutional rights” Since the United States of America declared its independence on July 4, 1776, guns have been an integral part of American identity. They have represented both a direct check on a possible tyrannical government and a symbol of what being American means. But if we examine the history of the 2nd Amendment and guns from a deeper perspective, we see why it’s such a controversial issue. Guns, especially…

everyone’s rights and liberties. Some argue however, that the Constitution is a fixed document, and adhere to the idea of originalism, which means the document’s meanings and interpretations should be interpreted exactly the same as when they were enacted 200 years ago. One popular advocate for this idea was recently deceased Supreme Court Justice Antonin Scalia, who argued that “…originalism is the only proper way to interpret the United States Constitution so that judges aren’t given a license…

engage in a “world” but instead the very tool for this kind of engagement, and we use text as a way to give that language spoken authority in a “world”. If I am to respect Gadamer’s philosophies I should also take a look at the horizons that is originalism, a position on thinking how much weight the constitution should hold. This can range from extreme cases to non-extreme, were for extreme originalist view the original way the constitution was presented to be the framework and authority of…

The U.S. Constitution was established in 1787. The Constitution created a stronger federal government with three branches–executive, legislative and judicial–along with a system of checks and balances. The Bill of Rights was ratified in 1791. The Bill of Rights guaranteed basic individual rights to all Americans. The Bill of Rights consists of the first 10 Amendments to the constitution. The question asks specifically about the Fourth, Fifth, Sixth, and Eighth Amendments. The Fourth…

Jamal Greene declares in “Fourteenth Amendment Originalism” that the amendment was a failure. Greene argues that while the amendment is significant in “constitutional redemption,” it is insignificant in “constitutional restoration” (Greene, 981). From an originalist viewpoint, this makes logical sense;…

present day you can examine the Constitution and realize how it was composed in a vague manner to allow a multitude of interpretations to develop regardless of the situation and time. According to Exploring Constitutional Conflicts by Doug Linder, “Originalism better respects the notion of the Constitution as a binding contract.” Our constitution…

5. Populism v. Elitism Populism is an ideology that emphasizes equitable distribution of economic, political, and cultural power. Its argues against unfair advantages held by anyone who may be considered an elite, and therefore the government should intervene to remedy the injustice. On the contrary, elitism is the belief that society is divided into classes and that the upper or elite class, based on ancestry and/or wealth, will rule. The debate between populism and elitism has been around…

The Supreme Court is a vital piece of the United States’ government. From making court case decisions to checking the powers of the Judicial and Executive Branches, these justices are important in a way that not many others are. Their interpretation of the Constitution is considered the supreme law of the United States. Every action of the Supreme Court will have an everlasting impression on our country, so it is important that we, as U.S. citizens, are aware of the importance of our future…