The View Of Constitutional Interpretation

Throughout United States history, there have been countless supreme court cases that have shaped our interpretation of the Constitution; these cases have ultimately led to the way we live our modern day lives with respect to civil rights, government policies, and commerce. Moreover, various Supreme Court cases have provided insight on how the Legislative and Executive branches must operate in order to create and sustain a fair and representative democracy. Schechter v. United States, Yakus v.United States, and Mistretta v. United States, three incredibly high-profile supreme court cases, are perfect examples; these cases address the issue of the nondelegation of legislative powers and whether or not it is constitutional for Congress to delegate certain powers to other branches of the United States government. We will examine these three cases individually and determine if delegation is forbidden under the Constitution or legal under certain circumstances.

Americans elect two-thirds of the government, both the president and congress. As for the supreme court justices, the president nominates someone and congress reviews them. This is how the system should stay, for the American public would not choose the best people if justices had to run and be elected.

The Constitution of the United States is a complex idea, adopted at a fragile time in American history and is the framework for our government systems. There are different ways to view this document and different ways to interpret it, which can cause debate over the proper and correct way to go about interpretation. Justice Antonin Scalia and former Justice William Brennan, are two intellectuals with different methods and ideas about the correct way to interpret and enforce the Constitution. To understand how the Constitution works for the people of America, one must first understand about the Justices of the Supreme Court who have the power of enforcing the rules and regulations of Americas most prized document.

However, while Corvino clearly advocates his argument, several points can be disproven through critique. While Corvino dismisses natural law theorists belief in the purposes for sex, there are very strong advocates for religious freedom. Religious freedom, regardless of the God you praise, believe that sex should wait till marriage and it should be performed between a man and a woman. If you profess devotion to a God then you must be opposed to anything that differs. Violating natural moral order, as same-sex marriage does, that your God established is a sin and offends God. Another critique of Corvino’s specific argument that gay sex does no harm to others is by legalizing same-sex “marriage,” the State becomes its official and active promoter. One of main purposes for marriage is its nature to design conditions that design a stable, affectionate and

The Constitution has governed the United States for nearly 200 years. It has been the subject of controversy since its genesis. There was a need to expand powers of the central government in order to enforce and better regulate foreign affairs, conduct war and regulate currency across the states. State representatives struggled to divide power fairly between the states and the central government. The main controversy was similar to the original reason the confederation declared its independence from England. Representation.

I believe marriage should be between a man and a woman, and ever since the recognition of marriage in all cultures, it has been that way. A lot of people have been trying to look at it as a right of the people protected under the Constitution. I say that it is being examined completely wrong. Marriage is, by my definition, the union of a man and woman recognized by the state. I do not think it is the union of two people. Regardless of what I believe, I do not think it was legally right for the Court to require all of the states to recognize gay marriage. According to Chief Justice Roberts,

(Originalist v. Activism Interview) Instead of defining the constitution based on the context and values of the world the Framers knew, judges must decide cases based on the social conditions of future generations or how society’s views are going to evolve throughout time. (Originalist v. Activism Interview) Justice Kennedy did just that. He concluded his opinion in Obergefell by describing marriage is a profound union and that the nature of marriage “embodies the highest ideals of love”. Although the statements made by Kennedy were not really relevant to the core legal issues in the case of Obergefull v. Hodges. Since that was the case, how could the decision of a landmark Supreme Court case that was decided on mere judicial opinion be considered a significant decision of the US Supreme Court when analyzing Constitutional History? It can’t. Obergefell v. Hodges was not decided with legal precedent, but instead it was decided on mere judicial opinion.

What court will have jurisdiction over Tanya's suit? Why? The most likely court with jurisdiction over Tanya's suit will be the federal court in the state of Confusion. That is because Tanya's suit raises a federal issue, that of the regulation of interstate commerce. Generally, such a case would be filed in the federal court in the same state where the alleged harm manifested itself. However, there is also a possibility that Tanya could seek to use the concept of "long-arm" jurisdiction (Nowak & Rotunda, 2007) to have the case adjudicated in the federal court in Denial based on the fact that the illegal regulation in Confusion affected some of the residents of the state of Denial, irrespective of where the harm was caused.

Justice John G. Roberts, Jr. wrote a dissent in which he argued that, while same-sex marriage might be good and fair policy, the Constitution does not address it, and therefore it is beyond the purview of the Court to decide whether states have to recognize or license such unions. Instead, this issue should be decided by individual state legislatures based on the will of their electorates. The Constitution and judicial precedent clearly protect a right to marry and require states to apply laws regarding marriage equally, but the Court cannot overstep its bounds and engage in judicial policymaking. The precedents regarding the right to marry only strike down unconstitutional limitations on marriage as it has

This being said the court could have taken another route to answer a completely different question, “if the Constitution doesn't require states to grant marriage licenses to same-sex couples, does it at least require every state to recognize same-sex marriages consecrated in another state? (Teicholz 1)”. This questioned seemed to have more fluidity to it instead of granting total upscale domination to states not yet pardoning same sex marriage. If the officials were to have gone this route, couples of same sexes orientation who married in a state that allowed for a legal marriage yet lived in one that didn’t, the state of residence would at least have to acknowledge the marriage as binding and legal. With time this idea would have allowed for slow acceptance for conservative based states to come to terms with the idea of legal marriage between same sex partners. It would also give Obergefell the ability to be placed on his deceased husband’s death certificate. With the gravity of both answers the court still dragged

Many of the sources agree that tribal governments should have assumed or inherent adjudicatory power over non-members on tribal land. Indeed, most sources repeat the same arguments with different justifications. There is a major focus on the history of tribal sovereignty and which is important to in how it impacts the impending decision in Dollar General v. Mississippi Band of Choctaw. Several sources focus on Native American tribe’s status, as domestic dependent nations are a major part of how the federal government continues to shrink tribal jurisdiction over non-members on tribal land.

I chose to review the article Goodridge v. Department of Public Health by Chief Justice Margaret H. Marshall. In this article, Marshall examines the issue of same-sex marriage by reviewing both sides of the argument, and she comes to the conclusion that not allowing this union is unconstitutional. In a good argument, both propositions must be taken into account and premises from each side should be studied prior to making a final conclusion. Most of the premises used in her argument were prescriptive, or based on personal values (Boss, 2014, p. 199). Chief Justice Marshall mentioned that she had given full deference to the other side of the argument, but found, based on her strong premises, that not allowing same-sex marriage is against a person’s civil rights.

This particular case was another impact our Chief Justice has had on our Country. Though, Roberts did not win this case in the end but had strong opinions towards the issue. Today, same sex marriage is legal in all fifty States. According to Roberts, he believed if same sex was acceptable then why not agree on polygamy (Macedo, Stephen). This particular marriage is having multiple wives or husbands at the same time. Roberts was very strong with his argument and stated polygamy would be less of a stretch than same sex marriage, declaring, “From the standpoint of history and tradition, a leap from opposite-sex marriage to same-sex marriage is much greater than one from a two-person union to plural unions, which have deep roots in some cultures around the world (Macedo). If the majority is willing to take the big leap, it is hard to see how it can say no to the shorter one” (Macedo). After the passing of the same sex marriage law, Roberts brought up the Constitution and wanted all to stop thinking it was the reason for the decision because it had nothing to do with it. Roberts believed the Constitution knows nothing about fairness. Same sex marriage was made legal in the United States on June 26, 2015 (Macedo). The United States Supreme Court ruled this law in Obergefell v. Hodges

“Roses are red, violets are blue, and at times, I like you.” This is a small, simple phrase at first glance. Based on an individual’s character, however, they may take it a different way. As the audience changes, so does the meaning. When it comes to interpreting the Constitution, the same principle remains. It is extremely difficult to interpret the U.S. Constitution, because of its complexity and fragility. Also, the fact is when time changes, people change. In other words, different generations have different interpretations of what the Constitution says that they can do. Which leads to textualism, causing the judges of the Supreme Court to decide whether they can make new laws, even though their true vocation is to interpret the laws. Textualism trials test everything. Since the Constitution was written in 1788, they figure that the Constitution doesn’t have the same meaning as it did back then. On the other hand, there are people who believe that the current laws of the Constitution should be interpreted the same way as the original. An example of textualism would be the Supreme Court Antonin Scalia, and the original Supreme Court Justice Stephen Boyer. So in this paper, I am comparing and contrast these judges’ arguments of textualism, to decipher which one is correct.

The expectation from our judges that they will always act objectively in making their decisions is correct but only to a certain extent. By using the theories of interpretation and judicial decision-making of both Dworkin and American Legal Realism, it is evident that a balancing act occurs between objective judgments and interpretation and subjective judgments and interpretation. Often, subjective judgments are the most dominant to a large extent. One must look at the ideas of Dworkin in terms of considering that judgments have aspects of both objectivity and subjectivity. One must also look at the ideas of American Legal Realism where subjectivity plays a gigantic role in judgments leaving objectivity with little or no influence