The Constitution And The Law - 877 Words

Our Constitution is over two centuries old and since the birth of it as early as 1803 the Supreme Court defined its role and power in the case, Marbury v. Madison, 1803, establishing the authority to define what the law is. Thus, if the law is confusing, it is up to the courts to interpret the law through the process of judicial review. There is much controversy as to whether or not judges are following the laws as written or imposing their personal preferences and rewriting law to suit themselves. Ackerman believes â€Å"it’s a good thing that formal amendment is so hard; otherwise, the Constitution would become a mess, full of details signifying little,† (Ackerman, 2007 p. 1743). There are opposing viewpoints as to the approach and evolving perspectives in the decisions made by our judges. I will analysis the opposing proponents, originalists and Living Constitutionalists, viewpoints in their interpretation of the Constitution and present their arguments in relation t o their perspective on the Constitution. In addition, I will apply their interpretational philosophies in the case Griswold v. Connecticut and ascertain the impact of their philosophies to the outcome of the case. The originalists, one of the two opposing proponents, believe in the theory of interpretation, that views the Constitution s provisions mean what the framers and the citizens understood then to mean, (Strauss, 2010). In other words, the actual meaning of the provision governs if the original meaning ofShow MoreRelatedRule of Law in the Constitution1448 Words   |  6 Pageswithout discrimination. In Australia, the Commonwealth of Australia Constitution Act 1900 (Imp) is the primary source by which society operates as an essentially free society. This paper seeks to establish that the functioning of such a society is dependent upon the existence of a legal framework supporting the rule of law, which is ultimately, an ideology. Analogically, the circumstances in which the application of the rule of law has either created a free society or undermined it will be exploredRead MoreFederal Law And The U.s. Constitution Essay836 Words   |  4 Pageso U.S. Constitution Under the application of Federal Law and the U.S. Constitution it has been specifically addressed that a fetus has not been granted the rights and privileges of a person. The topic in itself is highly controversial with arguments originating on both sides of the discussion platform. Legal civil liberties have focused on the rights and privileges of the mother. Components of the U.S. Constitution that would have a direct bearing in formulating a reasonable course of action wouldRead MoreEssay Constitution And Law In America970 Words   |  4 Pages Constitution’s Significance with Law in America The definition of constitution is the act or process of composing, setting up or establishing (Websters Dictionary online). When I think of constitution I think of our â€Å"founding father’s†, the ones who established our governemnt and function. I am reminded of why they came over here. I think of the Constitution as the mission statement for the American government. America’s set of standards. It gaurantees that we cannot stray from the vision of whatRead MoreThe Rule Of Law And The Uk Constitution1298 Words   |  6 PagesThe rule of law is seen as being one of the most fundamental components of the UK constitution as well as being a principle that is concerned with restricting parliamentary action. Though the rule of law is seen to be a component in the constitution; the actual meaning of the rule of law has been very problematic to interpret. This is considerably down to the fact that it means different things to different people as since the nineteenth ce ntury, academics, politicians and judges have proposed diverseRead MoreThe Constitutional Law Is Not The World Constitution2418 Words   |  10 Pagesâ€Å"The fundamental law which determines the manner in which the public authority is to be exercised is what forms the constitution of the state.† Extrapolating this concept to the international political process, the bulk of the most important norms which regulate political activity and relationships in the global polity could be called an international constitution. However, an international or global constitution cannot be gained by simply scaling up a typical state constitution. The term ‘constitutionalRead MoreThe Constitution Is The Highest Level Of Law1858 Words   |  8 PagesLaw and Language I. The Constitution is the highest level of law. A constitution is a system of fundamentals such as amendments that people of a state or nation follow in order to establish and construct their government. II. The First Amendment addresses several personal freedoms. The first clause of the First Amendment, the establishment of free exercise of religion clause, was the focus on taking legal action in education. There have been many cases and disputes that argue the appropriate governmentRead MoreThe United States Constitution And Its Fundamental Laws1124 Words   |  5 PagesThe United States Constitution is unarguably the most imperative document regarding the United States and its citizens. The Constitution establishes America’s government and its fundamental laws we live by today. It fulfills and guarantees our basic rights as United States citizens. Within the constitution, the laws are split up into amendments which clarify and secure our privileges. Among those decrees lies the Fourteenth Amendment: which is the most important, yet controversial, one of all. TheRead MoreThe Constitution Is Fundamental Law Of The United States Essay752 Words   |  4 PagesA) The US Consti tution is fundamental law of the United States, and in the present, it is composed of seven articles and twenty seven amendments. The three things I like most about the US constitution are the 1st Amendment, the 10th Amendment, and separation of power. The 1st Amendment are composed of two clause which are establishment clause and free exercise clause. It provides a freedom of speech, assembly, religion and press. Those basic rights are given to people, and it shouldn’t threaten byRead MoreThe Tax Laws And The United States Constitution1097 Words   |  5 PagesEver since the ratification of the 16th amendment to the United States Constitution, Americans have faced the burden of federal income taxes. Income taxes were first proposed as a better way of gathering revenue, as well as an effective measure to manipulate economic spending. However, the current tax code bears very little resemblance to the relatively simple codes that were originally written into law. Today’ s tax laws have grown astonishingly complex and unequally distributes the burden of taxRead MoreConstitution of Express Trusts/UK Law1602 Words   |  7 Pagesï ¿ ½ PAGE * MERGEFORMAT ï ¿ ½1ï ¿ ½ Property 2 Constitution is the last of the formalities that the law requires to create an effective and enforceable trust. Failure to constitute a trust will mean that no gift or trust is applicable; and the law that relates to perfect constituted gifts and trusts will not be appropriate. Moreover, the axiom of equity will intervene: equity will not perfect an imperfect gift. The state of equity at the start of 21st century has changed significantly through a number