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... Modernism or loose construction are terms used to define an approach taken to
interpreting the constitution that incorporates the present day implication of ...
Submitted by rosstheboss89 on April 17, 2008
Category: History Other
Words: 1683 | Pages: 7
Views: 56
Popularity Rank: 102,687
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The United States Constitution was written in 1786 and soon adopted on September 17, 1787. It is the basis of our judicial system in America and was made to be the structure that holds together the freedom of America. Our founders created the Constitution with the intent to have it last and adapt with our constantly changing society. It is understood that society’s values will change with the future and it is impossible to predict these changes. This is why our founders created the Constitution with the intent to allow our future Supreme Court judges the ability to have a more interpretive analysis of the Constitution. There are two strong apposing opinions on the best way to interpret the Constitution. These two sides are displayed strongly in the articles, “The Notions of a Living Constitution,” by William H. Rehnquist, and an excerpt apposing piece by Laurence H. Tribe and Michael C. Dorf. Rehnquist argues on the side of strict constructionist or the view that the Constitution should be read and judgments should be made based solely on the words of Constitution and no reading in between the lines be allowed. The alternate approach to following the Constitution is the interpretivist view which Tribe and Dorf argue in their piece. The interpretivist view incorporates a deeper meaning into what is written and looks at the different rights outlined as more guidelines to many alternate rights that were not included. With an analysis of the Constitution that connects many of the outlined common ideals, which together create a strong base for the American justice system, a modern day judge will be able to make a decision that will be influenced by the values of today’s society and not solely by the values from the 18th century. I am going to outline the intents of the founders in concerns of interpreting the Constitution. I will show the necessity of allowing interpreted decisions based on the changing values of America due to history and...
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