The conflicts of the U.S. constitution - Essay Example

Download file to see previous pages... The federal judiciary played an important role in the system of government checks. The federal Government was to settle a conflict between states and citizens of different states (Irwin and Sylla 18). Another political dispute that arose was between the federalists and Jefferson’s Republicans, through the period of post-revolutionary America (Markovits 161). There can be no original intent if the constitution had disagreements; this is because original intent tries to figure out what the founders wrote on the constitution, meant by the words they used. Disagreements couldn’t have brought the original meaning, but no one would be able to understand the language of the constitution, study the records of the constitution convection, or study the writings of the men who wrote the constitution (“Judicial Branch,” enotes.com). Textualism is a valid source of constitutional advocacy, and helps the judiciary in decision making. Many textualists stated that the primary weight of a constitutional analysis should be given to the text itself; so that an average person can understand the text (Demaske 6). The founders accepted interpretation without actual changes of the document; this is because if judges needed to know the meaning of a particular phrase, they need to check on what the founders meant by that phrase. The constitution is a living document and should be interpreted in light of the society needs and practices today (Sidlow and Henschen 334). One should have the knowledge about the constitution; this is because one can be able to interpret it. It is therefore true to say that America is a great country founded on hypocrisy; this is because the founding fathers were unable to abolish slavery, during the...
The essay talks about the federal judiciary, which played an important role in the system of government checks. The federal Government was to settle a conflict between states and citizens of different states (Irwin and Sylla 18). Then we see that another political dispute that arose was between the federalists and Jefferson’s Republicans, through the period of post-revolutionary America (Markovits 161). Then, the essay outlines a point, where textualism is a valid source of constitutional advocacy, and helps the judiciary in decision making. Many textualists stated that the primary weight of a constitutional analysis should be given to the text itself; so that an average person can understand the text (Demaske 6). The founders accepted interpretation without actual changes of the document; this is because if judges needed to know the meaning of a particular phrase, they need to check on what the founders meant by that phrase. One of the most important parts of the paper is that the constitution is a living document and should be interpreted in light of the society needs and practices today (Sidlow and Henschen 334). The founding fathers came up with the American constitution, but there were problem that came up during their meeting to create the constitution. However, we see that the constitution is the base of every country and without a constitution a country can’t operate and act according. It can be said that the American constitution was made in a hypocritical way for a number of reasons discussed in this paper. ...Download file to see next pagesRead More