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Political Science - Assignment Example

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The statement “a judge who believes in a textual interpretation of the Constitution is one who believes in its adaptability to modern…
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Constitutional Interpretation Textual Constitutional Interpretation Constitution is treated by some judges as a political and historical document, and it is on this basis that they make their decisions. The statement “a judge who believes in a textual interpretation of the Constitution is one who believes in its adaptability to modern circumstances” it’s true. The textual interpretation, it’s that the Constitution must be tailored to meet the prevailing circumstances in the modern world and not necessarily suit the original intention of the legislators who passed the law. Judges using textual interpretation, content with ordinary meaning of the written Constitution, and to some extend ignore the purpose the law was passed. Judges in this case stay objective, and listen keenly to what lawyers are advocating in a skilled manner ignoring the original intention of the legislation.
The above statement, its backed by several arguments as enhanced by the proponents of a “Living Constitution” against the Öriginalists”. Those who believe in the Constitution’s adaptability, argue that judges cannot rely on historical analyses to provide critical answers to the modern situations. In this case, its means that judges in any given situation must seek to apply the values of the Constitution in respect to the modern developments and not based on the original intentions of the legislation. Judges must be able to come up with their own outcomes, which are guided by values of fairness in uplifting the will of the people. Since it’s hard to tell what the framers of the constitution intended to achieve or what the people at that time of framing understood, interpreting the constitution to fit the modern circumstances it’s in order for the judges.
References
Amar, A. R. (2012). Americas unwritten constitution: The precedents and principles we live by. New York: Basic Books.
Barber, S. A., & Fleming, J. E. (2007). Constitutional interpretation: The basic questions. New York: Oxford University Press.
Bloom, L. H. (2009). Methods of interpretation: How the Supreme Court reads the Constitution. New York [u.a.: Oxford Univ. Press. Read More
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