Constituional Procedure Analytical Review

1121 words - 4 pages

Danny Patrick11/09/12Analytical ReviewDepatrick6705@eagle.fgcu.eduFall 2012/ CRN 81620Throughout Constitutional Law and the Criminal Justice Sytem, there is comprehensive information regarding the U.S. Constitution, the criminal justice system, and the complexities of each. Everything we do in our lives on a daily basis revolves around the U.S. Constitution. You first begin to learn about the historical overview of how the Constitution came to be and an overview of our country's legal system. It then examines the Supreme Court of the United States as the final word on any legal issues and a description of how to research the law. The focus then shifts to the guarantees of the Constitution to citizens and equal protection under the law and efforts to balance individual, state and federal rights. You then take in the basic freedoms guaranteed by the First Amendment and gun control controversy arising from the Second Amendment. The text then dedicates an ample amount of time to the Fourth and Fifth Amendments, going in depth about certain issues pertaining to the criminal justice system like search and seizure, double jeopardy, and testifying against one-self. Remaining amendments that are covered would be the Sixth and the Eighth Amendment, which deals with citizens' due process rights. The book concludes with the remaining amendments and how additional amendments might come to be in the future.A Matter of Interpretation is a very upfront and confrontational book. Antonin Scalia states that "The Rule of Law is essential to constitutional democracy", and throughout his book he addresses in many instances how judges should translate statutory and constitutional law. Scalia has a major issue with the deprivation of an evident philosophy of judicial decision making on the bench, in the academy, and amongst law schools. Scalia goes on about the statutory interpretation and how it has become almost a neglected art in the courtroom. He doesn't understand why judges try and determine the meaning of a statute rather than abiding by the actual meaning set forth in legislature. Rather than go by the book, which is how they were taught, judges tend to shun away from the common law. Also, when it comes to constitutional law he believes that we don't acknowledge the original meaning of the Constitution and that it is an always transforming piece of work. [1: Antonin Scalia, A Matter of Interpretation: Federal Courts and the Law: an Essay (Princeton, N.J.: Princeton University Press, 1997), at vii.]It all started in 1776, when the Declaration of Independence was signed, giving us American independence, which then lead to The Articles of Confederation. But the delegates wanted more and thus began drafting the Constitution. The colonists' wanted freedom from foreign rule and to establish a central government authorized to deal directly with individuals while limiting government power at the same time. The Constitution thus declared itself the supreme law of the...

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