The Case Of The United States Constitution

1354 Words Jun 29th, 2016 6 Pages
When relating a historical document to a contemporary situation, context is integral to proper analyzation. In the case of the United States Constitution, many political theorists share their opinion, on what they believe to be, the optimal interpretation of the document, however, only Antonin Scalia’s originalist ideology repels personal and moral views during analysis and encourages understanding the Constitution as originally intended. It is not the job of a United States judge, nor should it be the job of one, to intervene their personal beliefs and morals with the law when making a judicial decision. Instilling inappropriate factors in legal decisions causes potential inconsistency and, occasionally, bias, both of which would set poor precedents for judicial cases. An originalist view of the Constitution is superior over other theories since it allows the originally intended and unbiased ideas of the founding fathers to be applied to modern legal scenarios. Originalism is the most appropriate constitutional theory to follow when making judicial decisions since it is more consistent and unbiased than other theories, such as moral constitutionalism for example,. The preceding constitutional theory contains an unjust and improper argument as to why it is successful as opposed to originalism and each other. The theory allows the Constitution to be viewed in the manner in which it was originally intended, thus, preventing bias. Cases such as Coy v. Iowa and District of…
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