Theories of Constitutional Interpretation - Essay Example

The paper "Theories of Constitutional Interpretation" is an outstanding example of an essay on social science. There are two basic ways of interpretation of the constitution - originalist and non-originalist. Originalists believe that the constitution should be interpreted according to the framer’s and writer’s intentions and thoughts and non-originalist believe that it as time keeps on changing, therefore, it should be interpreted according to the consequences.
I support the non-originalist thought of school. As the written constitution does not represents all the ways in which the government might use to manipulate or oppress the public. So the interference by law may handle such situations in a better way. Sometimes the intentions of the framers are ambiguous or related to a particular time so it is not easy to understand the basic idea or intention of the framers in difficult situations. Non-originalist allows judges to handle the crisis which may result from the misinterpretation of the constitution but originalists make corrections in the interpretation and this amendment process consumes a lot of time and due to the wastage of time the crises may get worst. In addition to that, the framers at a meeting in Philadelphia said they do not want their thoughts or intentions to govern the interpretation of the constitution. Moreover, the non-originalist school of thought allows the interpretation of the constitution in a modern way which includes critical issues regarding the rights of minorities and women.
The non-originalist school of thought allows us to interpret the constitution according to the variations of time. It gives the law the right to handle specific situations, especially of crises, in an effective manner. Moreover, it also interprets the constitution in an enlightened way and also considers the rights of minorities. The non-originalist interpretation of constitution can give better results in certain situations as it is based on modern ideas and it also relates the interpretation of the constitution with the present consequences in order to handle specific matters effectively. (“Theories of constitutional Interpretation”)