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Justice Antonin Scalia and the Doctrine of Original Intent - Research Paper Example

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Name: Course: Institution: Date: Justice Antonin Scalia and the Doctrine of Original Intent Application of facts to a case and law that govern that particular case is what all justices would say they do, when they are working on a case. They will say theirs is not to make the law, but rather, interpreting and applying it, since, the work of making laws is for the authors, legislators and constitution ratifiers…
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Justice Antonin Scalia and the Doctrine of Original Intent
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Justice Antonin Scalia and the Doctrine of Original Intent

Download file to see previous pages... What originalism is and the advantages of originalism as compared to other methods of constitution and statutes interpretation. He has also given reasons as to why he chooses to use the method of originalism over other methods which still prove to be efficient. Original intent is used in law as a theory that defines how the constitution and statutes should be interpreted. Original intent implies that when interpreting any text, the authors intent on that particular text, should first be determined so as to accomplish the purpose of that statute. Original intent assumes that a particular text has only one intended meaning (Scalia 23). Theoretical debates on the adjudication of the constitution have been there for a long time. There are all types of advocates who give different methods of interpreting statutes as well as the constitution and how the courts ought to do and what they ought not to do. Originalism is a method that has proved quite dominant in America (Levy 342). This method has been well embraced by Justice Antonin Scalia. Who is seen to fully embrace this method and further gives long justifications to help support the originalism belief. Justice Scalia Antonin insists that Original intent determines the meaning of the constitution. ...
Scalia advocates for textualism with exceptional rigidity. Textualism refers to having statutes interpreted based on its normal meaning. Other critics say that textualism is more of political. All the same Justice Scalia Antonin appears to be more conservative as is evident in his service at the Supreme Court. Scalia agrees that text that is statutory is not necessarily inherent liberally neither inherently conservative as that depends on who wrote it. Originalists say that reading strictly of any text can only be found by giving an interpretation of the constitution by using the original intent of that particular constitution. Justice Scalia opts to use an originalism theory that is softer, that is to say, interpretation should be made based on the time of constitution adaptation. Scalia feels this is much stricter as compared to allowing attempts by Justices to decipher author’s intent. Textualism is what Justice Scalia advocates for since he believes that Intent ruling is as ambiguous as a living constitution. He believes this allows greater discretion as compare to other methods of interpretation. According to the conservative originalists, rights are those made via the democratic process and written constitutionally together with its amendments. Justice Antonin Scalia does not quite agree with the living constitution idea or even agree to give power to the judiciary to even modify the constitutional. This means that Scalia’s originalist method is more of statutory interpretation of the text than the living interpretation of the constitution. Believing that the normal meaning of the statute should facilitate for ...Download file to see next pagesRead More
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