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Framers Vs Constitution

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As time has progressed, the United States has continuously changed to meet the needs of its people. With each passing day, the country has slowly shifted away from what it had been initially as created by our forefathers. One reason for this transformation has been the nation’s judicial branch which has influenced the course of social and reform movements, as well as our ideologies and beliefs. The court rulings under Earl Warren are evidence that the judicial branch is a powerful force that can be a catalyst for change.
The framers of the United States Constitution did not have any specific predictions for what the future would hold. It is also impossible for framers to cover every possible situation that could happen in the Constitution. …show more content…

This gives court the power to void any laws that they think violates the Constitution. In 1803, the Supreme Court case Marbury vs. Madison created the power for the judicial branch to interpret the Constitution and apply it to the actions of the executive and legislative branch. This is arguably one of the first major Supreme Court cases that helped emphasize the Supreme Court. Supreme Court Justice John Marshall gave the opinion of the court and wrote that, “the particular phraseology of the Constitution of the United States confirms and strengthens the principle, supposed to be essential to all written Constitutions, that a law repugnant to the Constitution is void, and that courts, as well as other departments, are bound by that instrument” (Marshall). Having judicial review has allowed the court to become a powerful force of change because it makes it possible for the judicial branch to have an influence on government actions that could potentially harm citizens. Through the establishment of judicial review, the judicial branch has been an active role within the federal …show more content…

Compared to other nations’ constitutions, the United States’ constitution is very brief. Therefore, it is the people’s job to interpret the meaning of the Constitution. There are mainly two kinds of constitutional interpretation. The first type is known as the originalist approach. This type of approach leads to a strict and literal interpretation of the Constitution. Having an originalist approach removes flexibility because the interpretation is derived from the framer’s intent. Originalism also “better respects the notion of the Constitution as a binding contract,” instead of being a ‘living document’ (Linder). Applying an originalist approach when making court decisions can potentially limit the power of the court and its ability to bring change to the

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Marbury v Madison Many historical and legal scholar describe the case of Marbury V Madison as epochal and I agree with that because it created the question who had the last say to determine the meaning of the constitution, created Judicial review, and that Jefferson tried to impeach Samuel Chase one of the Supreme Court justice because Marshall gave the Supreme Court tremendous power. First of all, the case of Marbury v Madison was epochal because it sparked the question who had the final say in finalizing the meaning of the Constitution because on (page 211) of The American Pageant it states,”In this self denying opinion, Marshall greatly magnified the authority of the Court and slapped at the Jeffersonians. Until the case of Marbury v.

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Alex Frost Values: Law & Society 9/23/2014 The Hollow Hope Introduction and Chapter 1 Gerald Rosenberg begins his book by posing the questions he will attempt to answer for the reader throughout the rest of the text: Under what conditions do courts produce political and social change? And how effective have the courts been in producing social change under such past decisions as Roe v. Wade and Brown v. Board of Education? He then works to define some of the principles and view points 'currently' held about the US Supreme court system.

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He expanded the power of the Supreme Court by declaring that the Constitution is the supreme law of the land, and that the Supreme Court Justices were the final deciders. In the Marbury vs. Madison case, Marshall wrote "It is emphatically the province and duty of the judicial department to say what the law is.” John Marshall was clearly in favor of judicial power, and believed that the Supreme Court should have the final say in cases involving an interpretation of the Constitution. While establishing this, he kept the separation of powers in mind, as he wanted equal representation among the Judicial, Executive, and Legislative branches. In the Marbury vs. Madison, John Marshall declared that the Judicial Branch could not force Madison to deliver the commission.

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“The original jurisdiction provides for any written provisions regarding such practice, and if Congress were to change those Constitutional provisions, it would become an issue of deciding which of the two has more power” (constitution.laws.com). Marbury argued that the Constitution was only intended to set the groundwork for original jurisdiction that Congress could add to. Chief Justice Marshall disagreed and believed that Congress does not have the power to change the Supreme Courts original jurisdiction. During this process, Marshall established judicial review. On February 24, 1803, the Court came to a unanimous (4-0) decision.

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Both of them spoke about the intent of the framers of the Constitution and the way in which we should use their original theories. During his Speech to the Federalist Lawyer Society, Meese, a former Attorney General of the United States, argued for “originalism” which means that judges should seek and apply the founder’s constitutional understanding as they decide cases.

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When it comes to interpreting the Constitution there are two main school of thoughts. While the “Strict interpretation” school of thought interprets the Constitution as black and white the ladder which is called “Loose interpretation” interprets the Constitution in a more open-ended way. These two school of thoughts originated, due to Alexander Hamilton’s attempt to create a national bank. Strict Interpretation was the result of Thomas Jefferson and James Madison (Anti-Federalist) stating that the Constitution did not state that a National Bank was allowed to be created.

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Justice Thurgood Marshall Response Justice Thurgood Marshall said in his “Reflections on the Bicentennial of the United States Constitution”, “I do not believe the meaning of the Constitution was forever ‘fixed’ at the Philadelphia Convention. Nor do I find the wisdom, foresight, and sense of justice exhibited by the framers particularly profound. To the contrary, the government they devised was defective from the start, requiring several amendments, a civil war, and momentous social transformation to attain the system of constitutional government and its respect for the individual freedoms and human rights, that we hold as fundamental as today” (Marshall). In this passage of his essay, Judge Marshall is critical of the government that is

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People are usually not who everyone thinks they are. In fact, many people seem to fit a stereotype, but their overall character comprises of more, including a true self who tends to differ vastly from who others know. The majority of the people who meet them do not recognize this. S. E. Hinton carries this theme throughout every character in her novel. In The Outsiders by Hinton, Two-Bit (Keith) Mathews, who is part of a greaser gang on the poorer side of town, has a difficult and often confusing life.

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The constitution of the United States is an insightful and revolutionary idea of how a government should be practiced in order to prevent a greedy, corrupt form of government from establishing and taking over its people. The US government is founded on the principle that it works for its people, meaning that whatever is legislated is meant only for the benefit of the American people. However, the Constitution is at this point flawed due to the fact that many of its proclamations are vague and outdated, and has to be left to interpretation as to what the framers truly intended of it. This is dangerous because it further divides the nation when Americans believe in different forms of what is constitutionally righteous, and this may start a civil

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It is the power of the judicial branch of government to examine any government action and

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Judicial review refers to the ability of the Court to interpret laws and executive actions in terms of constitutionality. If such law is found to be violative of the Constitution, or the actions taken are beyond the powers granted by the Constitution, it is liable to be struck down by the Court as void. Marbury v. Madison set precedent to the role and power of the judicial branch. Chief Justice John Marshall asserted that the Constitution was a superior law that cannot be changed by ordinary means. In addition, the acts of Congress, the executive, and the states reflect temporary view of what the law is and if these acts conflict with the fundamental law of the Constitution, then they are not entitled to enforcement and must be disregarded.

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Essay Two – Daniel Astleford Jeremy Christensen spoke extensively about the difference between Originalism and Living Constitutionalism. I want to discuss the similarities and differences of these two points of view and then take a stance on which I think is more valid. Originalism says that the Constitution should only be changed through the amendment process. The amendment process is extremely thorough. In fact, there have been thousands of proposed amendments, but only a few have made it through the process to become law.

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Hana Kim Professor Yvonne Wollenberg Law and Politics 106 7 October 2015 Title In the United States government, there are three branches called the legislative, executive, and judicial branch. Out of these three, the judicial branch is the most powerful. The judicial branch is made up of the Supreme Court, the court with the most power in the country, and other federal courts that are lower in the system; the purpose of this branch is to look over laws and make sure they are constitutional and reasonable.

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Other methods of interpreting the Constitution include originalism, strict constructionism, loose constructionism, prudentialism, and structuralism. Textualism has proved to be a very significant process for interpreting the constitution that will be used for years to

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The Leonore Annenberg Institute for Civics video titled “Key Constitutional Concepts” explores the history of the creation of the United States Constitution in addition to key concepts crucial to the document. Two central themes explored in the video include the protection of personal rights and importance of checks and balances. The video strives to explain these concepts through Supreme Court cases Gideon v. Wainwright and Youngstown v. Sawyer. To begin, the video retraces the steps leading up to the Constitutional Convention in Virginia in 1787. It opens by explaining the conflict that led to the Revolutionary War and the fragility of the new nation.

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