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

Justification And Weaknesses Of The Non Interpretive Model

1654 words - 7 pages

Justification and Weaknesses of the Non-Interpretive Model

The question of Constitutional interpretation still has yet to be resolved. Should only the explicit commands of our nation's Founding Fathers be referenced in courts of law, or can it be justified that an outside body should extrapolate from the specific text of the Constitution to define and defend additional fundamental rights? Further, if this body, namely the Supreme Court, bases its decisions of constitutional relevance not wholly on exact interpretation, then regardless of reason, are they wholly illegitimate? The non-interpretive model allows the Court to interpret beyond the exact wording of the Constitution to define and protect the values of a society. The question of how the non-interpretative model can be justified must be answered. Despite much remaining confusion between the two models, it is clear that history has chosen the non-interpretative model without which many of the defining points in our nation's history would be unjustified.
The overwhelming strength of the non-interpretive model is that it has allowed for many fundamental decisions that have served to protect the natural rights of the members of this society. If on the other hand the interpretive model is to be accepted, a significant number of decisions must be revoked. Briefly, the majority of the due process clause is no longer justified. Fair criminal and civil procedures must be dismantled since they have no specific textual reference in the Constitution. Freedom of speech, religion, and property rights are all called in question. Also affected is the legitimacy of franchise and legislative apportionment bodies of doctrine. The equal protection clause of the Constitution when read literally outlines the defense of some forms of racial discrimination. However, it does not immediately guarantee the right to vote, eligibility for office, or the right to serve on a jury. Additionally, the clause does not suggest that equal-facility segregation is not to be allowed. Finally, the freedom from cruel and unusual punishments as outlined in the eighth amendment loses its flexibility. In this manner, a prima facie argument against the interpretive model is evident. Without the ability to move beyond the specific wording, the Court loses its authority to protect what society values as basic human rights.
A fundamental question relevant to this debate is whether or not values within our society are time-enduring or changing. When the Supreme Court makes a controversial decision, does it use the text of the Constitution to legitimize principles of natural law, social norms and arrangements? Or, is it acting as an interpreter of slowly changing values and imposing its views on society through its decisions? The Constitution is not a stagnant document; it is very much alive and changing with the times. Critics argue that the amendment process was created to allow change and that the role of the...

Find Another Essay On Justification and Weaknesses of the Non-Interpretive Model

Assess the strengths and weaknesses of Marx’s analysis of capitalism

1921 words - 8 pages “Capital is dead labor, that vampire-like, only lives by sucking living labor, and lives the more, the more labor it sucks.”This epitomises karl Marx’s representation and analysis of capitalism. Karl Marx has an abundance of theories and analysis for capitalism, for example exploitation and alienation with these possessing plenty strengths and weaknesses, it isn't a wonder why there have been numerous debates on the subject matter. The

Explores escape and interpretive writing in "The Most Dangerous Game"

552 words - 3 pages Driven by fear and strengthened by instinct, Sanger Rainsford fights valiantly, in Richard Connell's "The Most Dangerous Game," to best General Zaroff at his own game. Although rather undeveloped, the characters in the story still give the reader something to connect to. The theme, although presented in a unique fashion, depicts yet another reiteration of the epic struggle between good and evil. Regardless of the few twists and turns, Connell's

The Strengths and Weaknesses of the Sociocultural Perspective

983 words - 4 pages role that society and adults have on cognitive development. The weaknesses are that it doesn’t address biological or individual influences that shape people. Overall, all of the perspectives are going to have strengths and weaknesses. Until we gain more knowledge about the mind and behavior, we won’t be able to draw accurate conclusions that everyone can agree upon. For now, psychologists continue doing research, come up with new perspectives

Justification of the Atomic Bomb

1057 words - 5 pages On August 6, 1945, the United States of America dropped the atomic bomb on Hiroshima, Japan. For a considerable amount of time, there have been debates and arguments about whether or not dropping the bomb was justified.. The United States was indeed justified because of the attacks by Japan on Pearl Harbor, Hawaii, which happened three years before the atomic bomb falling on Hiroshima. It was important to stop the war as soon as the US could

The strengths and weaknesses of the traditional budgeting

1467 words - 6 pages . But it seems it is more and more unsuitable for the modern business. In this paper, I will give a brief induction for traditional budgeting; and then discuss the strengths and weaknesses of the traditional budgeting; last I will explain and evaluate the alternative.Every business leader wants competitive success, the best management team, continuous innovation, low costs, loyal customers, and high standards of corporate governance and control. The

The Strengths and weaknesses of Antigone In "Antigone" by Sophocles

560 words - 2 pages Usually, in novels, the main character's strength overshadows his weaknesses. In the Greek tragedy "Antigone", however, the main character of the same name has as many strong points as weak ones. In the next paragraphs, I will point out Antigone's strengths, weaknesses and, finally, the evolution of the character throughout the play.It goes without saying that Antigone is an extremely strong woman for her time and even for ours. She does have

Strengths and Weaknesses of the Ontological Argument - A Level - Information

1525 words - 7 pages the same concept of God it would still not signify his physical existence and only denotes existence in the mind. · Non-persuasive. Many Christians will claim that Anselm’s argument is more convincing than Descartes’ as it does not rely on the notion of an objective necessity connecting existence to God. However, there is a big problem in moving from logical existence to actual existence and some critics many argue that the ontological argument fails to seal this link. Ultimately, the argument fails to show the existence if God empirically and thus many people will fail to be convinced by the theory.

Strengths and Weaknesses of Emotion

1262 words - 5 pages and the world, it hinders your perception and judgment as what you may think is right, may be wrong for someone else. This essay will further elaborate on the strengths and weaknesses of emotions in different areas of knowledge. The application of emotions is regarded highly useful when it comes to studying human behavior. The study of human behavior and emotions are connected, as we need to use emotions to understand and communicate non

Describe The Main Strengths And Weaknesses Of Utilitarianism

1040 words - 5 pages Utilitarianism was Originally formulated by Jeremy Bentham in the 18th century, and fully developed by John Stewart Mill in the 19th. It Asserts that we should always act so as to produce the greatest ratio of good to evil for everyone concerned with our decision and As with all moral theories, has many strengths and weaknesses.The prominant criticism of Utilitarianism is that it is extremely hard to predict the results of an action. The

Theory Of Knowledge And Its Justification

1586 words - 6 pages turned out to be the answer to the problem. Our phenomenon was that women in one Ward were dying more than the other. The scientist created the hypothesis and tested it. By experiments and non-experiments (observations made on the women) the scientists were able to justify his hypothesis. He believed that his hypothesis was true, and without justification of this belief it would not be true knowledge. The natural sciences do not select facts from

Justification in The Old and New Testaments

2369 words - 9 pages based on his works. This demonstrates the idea of full forgiveness of sins is prominent when Paul discusses justification by faith alone. In Psalm 14:1-3 David says every person sins. Also, David states in Psalms 86:5; 103:3; Neh. 9:7; Dan. 9:9, God promises his people who come to faith in Him there is forgiveness. This is why God should be worshiped and served in loving reverence. For an unjust person to stand in the presence of a just God

Similar Essays

Strengths And Weaknesses Of The Ontological Argument

983 words - 4 pages The Strengths and Weaknesses of the Cosmological Argument for the Existence of God The Strengths and Weaknesses of the Cosmological Argument for the Existence of God The Strengths and Weaknesses of the Cosmological Argument for the Existence of God The cosmological argument seeks to prove the existence of God by looking at the universe. It is an A posteriori proof based on experience and the observation of the world not

The Strengths And Weaknesses Of The Articles Of Confederation

894 words - 4 pages Strengths and Weaknesses of the Articles of Confederation The years 1781 to 1789, the years known as the "Critical period" were the reign of the Articles of Confederation... were those years a highlight in American history, or a time that is best to be forgotten? The argument can go either way it really depends on how you look at it. The question is; were the Articles an effective system of government? Well, while something might not be

The Strengths And Weaknesses Of Augustine’s And Ireneau's Theodicy

2386 words - 10 pages The Strengths and Weaknesses of Augustine’s and Ireneau's Theodicy ‘Evil did not come from God, since God’s creation was faultless and perfect’ (St Augustine) St Augustine was a man wrote a theodicy about the problem of evil and suffering based on the Creation and Fall of Genesis in the bible, he believed that evil was caused by something that was outside the omnipotence of God. God himself is all powerful but after

Justification Of The Corn Laws Essay

1701 words - 7 pages working classes - the Corn Laws. Lord Liverpool's justification for the Corn Laws was the appalling state of agriculture in England in the post war period. England faced a unique set of financial and economic problems bought about by the end of the war. The harvest of 1813, 14 and 15 were extremely good leading to a fall in prices by almost half. The end of trade sanctions after the end of the Napoleonic Wars flooded the