This website uses cookies to ensure you have the best experience. Learn more

Interpreting The United States Constitution In Favor Of The Growth Of A Changing Society

2181 words - 9 pages

Long before four score and seven years ago, our Founding Fathers debated the true powers given to government by the United States Constitution. The two contrasting legal philosophies of Constitutional interpretation, strict and loose constructionism, have both been supported by some of the greatest political philosophers to impact the growth of our nation. Strict constructionism of the Constitution focuses only on the direct meaning of its written text, while loose constructionism allows for a more flexible approach to the Constitution, one that favors implied inferences and natural assumptions of power (as cited in Wikipedia, 2014, para. 2). While some political scholars support strict ...view middle of the document...

When it was clear that this type of governance was not pertinent to the demands of the country, the founders once again gathered around the table to draft the new Constitution, one that granted federal government with a little more power over its people.
With the intentions of creating a strong central government, the framers of the new Constitution were very susceptible to two opposing sides of outside influence, those who supported the old Articles of Confederation and those who favored the new Constitution. As a result, heated controversy was brought about amongst the American people as well, and there seemed to be an evenly split sentiment in regards to the new Constitution. The Federalists, American activists for a strong central government, found themselves competing with the Anti-Federalists, proponents of the Articles and strong, separate state institutions (Beard, 2004). Each side brought forth equally convincing arguments with credible evidence, and special conferences to compromise the two sides would sometimes last for days. After a passionate but tedious period of debate, however, the Federalists proved victorious. The new Constitution was ratified by the existing states to conjoin the separate institutions within the country and, most importantly, created a new governance to “form a more perfect Union” (Brown, 2013, para. 1).
Considering the intentions of the original framers of the Constitution and the surrounding eighteenth-century circumstances that influenced them, people may wonder if the same piece of governing legislation created almost 230 years ago should be strictly applied to today’s modern society. In other words, should government officials interpret the Constitution by what its text strictly defines, or should they also refer to the flexible implications of the Constitution when implementing the law?
Strict Constructionism
For centuries, a number of prominent political thinkers have reprimanded “loose” Constitutional interpretation in favor of strict interpretation in thinking that it seizes judicial activism from court proceedings. When looking at a particular piece of constitutional text, strict constructionists derive their interpretations without making outside inferences or reasonable implications. Using this method of interpretation, some argue, judges are barred from making biased or personally satisfying decisions in court. Strictly abiding by the Constitutional text provides simple and accurate criteria for the judiciary to make neutral, legitimate rulings. Therefore, strict constructionism forces judicial officials to act merely as enforcers of the Constitutional law without implementing their often unwelcome and biased opinions.
For instance, the Dred Scott v. Sandford U.S. Supreme Court case of 1857 is a prominent example of a loose constructionist judge combining his own prejudices with natural law to make an “unfair” decision. Dred Scott, an African American slave in the United States, had been...

Find Another Essay On Interpreting the United States Constitution in Favor of the Growth of a Changing Society

The Creation of the United States Constitution

2758 words - 11 pages reality that is the exact opposite of what happened. They in fact drafted up a whole new constitution. The Articles of Confederation had a profound effect on the making of the United States Constitution. There were many opposing plans and conflicting views of the delegates to the Constitutional Convention. It was these plans and views which ultimately led to the creation of the Constitution of the United States of America.The Articles of

The Constitution of the United States

1094 words - 5 pages Confederation expressly delegated to the United States in Congress assembled.” It is not possible for the national government to be in power if each state had their own independence, it was creating the thirteen countries of America, and was not united. Therefore the first part of the Preamble and the entire American Constitution addresses this problem and sets guidelines for a national government in order, “to form a more perfect Union.” In

The Constitution and Freedom of Religion in the United States

1165 words - 5 pages . In the United States, Jews were shunned from society, but experienced a more collectively tolerable form of discrimination than the Catholics endured. Consequently, Jews experienced a type of intolerance that was notably dissimilar than the persecution towards Catholics in the 1600s. The American Constitution serves as an over-arching code of conduct; the First Amendment allows for religious tolerance by all in the United States. Prior to

The Bill of Rights in the United States Constitution

937 words - 4 pages The Bill of Rights in the United States Constitution has ten amendments in the first part. The 2nd amendment in the Bill of Rights is The Right to Keep and Bear Arms. The 2nd amendment The Right to Keep and Bear Arms states that “A well-regulated militia, being necessary to the security of a Free State, the right of the people to keep and bear arms, shall not be infringed” (USConstitution). The 2nd second amendment allows any United States

Role of the United States Constitution

784 words - 3 pages of government, business and of society. They provide the basic regulatory standards and business expectations while providing intricate guidelines for business' code of conduct and a means for settling disputes within mass corporations. In addition, the United States Constitution enables every citizen of the States to enhance free competition and personal freedoms. Without these laws that govern both businesses and the nation's citizens, society

Role of the United States Constitution

740 words - 3 pages including health insurance. According to Cheeseman (2007) the Fourteenth Amendment was added to the United States Constitution. Under this amendment, it prohibits discriminatory and unfair action by the government. One of the hottest subjects in today’s economy is not only gender specific but same sex marriage. My company as with many other companies must change their insurances to pay for health insurance as it relates to a spouse with the same

Constitution of the United States: Our Living Constitution

933 words - 4 pages The United States Constitution has been governing our way of life for over 200years. Throughout its time it has been viewed in many ways to make our lives easier. Ithas been the legal structure of our political system, establishing governmental bodies,determining how their members are selected, and prescribing the rules by which theymake their decisions.The Philadelphia Convention, which was later called the ConstitutionalConvention, began on

The ecomomic growth of Sugar in the United States

613 words - 2 pages SUGARThe United States produces about 8 million tons (7.25 million tons) of sugar a year. "This provides $21.1 billion of the economic activity in 42 states." Florida, Hawaii, and Louisiana are major producers of cane sugar. The Red River Valley in Minnesota and North Dakota is the largest sugar-beet growing region in the United States.As shown in the first paragraph, the sugar industry is a large part of the United States economy. Since March

The Economic Interpretation of the Constitution of the United States. by Charles A. Beard

1231 words - 5 pages Economic Interpretation of the Constitution of the U.S.The Constitution of the United States is a document that I have studied many times throughout my schooling in historical context. I never thought that the Constitution could be studied as an economic document with the reasons for its ratification being based on the economic interests of those writing it instead of the beneficial interests of the entire country. Charles A. Beard's, An

Analizing the preamble of the United States Constitution

1359 words - 5 pages society. The writers were not including any women, children, or any black people. The only people who were considered to have any matter in the constitution were people falling under three classifications. These classifications were, you had to be a male, you had to own land, and you had to go to church actively. This would never be accepted by any one in America now. When the youth of the United States reads the preamble of the Constitution they

The First Amendment of the United States Constitution

1308 words - 5 pages assemble, and to petition the government for a redress of grievances.” The First Amendment of the United States Constitution protects and guarantees the freedoms of citizens. That being said, the court cases dealing with the 1st amendment involve a violation of either a freedom of religion, speech, press, assembly and or petition. And so, cases regarding religion deal with prayer in public schools, limiting the right to deny medical care for

Similar Essays

The History Of The United States Constitution

1735 words - 7 pages Americans won their independence. After much trial and error in the period after the Revolution, the forefather's of the United States drafted the timeless document known as the United States Constitution. When the Americans won the war the new leaders were aware that they would need to develop a government. The Articles of Confederation were written and adopted by the United States for this purpose. (Harr, 2012) The period in which the Articles of

The Ratification Of The United States Constitution

1044 words - 4 pages During 1787 and 1788 there were quite a few debates over the ratification of the United States Constitution. The issues disputed are outlined and explored in the Federalist Papers, an assortment of letters and essays, often published under pseudonyms, which emerged in a variety of publications after the Constitution was presented to the public. Those who supported the Constitution were Federalists, and those who opposed were Anti-Federalists

The Constitution Of The United States

1423 words - 6 pages , which proclaimed the rights of Englishmen, and from Enlightenment developer John Locke. The Constitution consists of a preamble followed by the seven articles and the twenty-seven amendments. In the Constitution, the Amendments serve to define to the people of the United States the rights that they possess. In 1920, the 19th Amendment, which pertained to women’s suffrage, was passed. The 19th Amendment afforded women the right to vote

The Constitution Of The United States

771 words - 3 pages The Constitution of the United States was written in 1787 at the Constitutional Convention, where it was held in Philadelphia. It was written by a group of people known as “Farmers,” or the “Founding Fathers,” and few of the most famous Founding Fathers were George Washington (The first president of the USA), Thomas Jefferson (The first vice president and the third president of the USA) James Madison (The fourth president of the USA), Samuel