Theu.s. Constitution Vs. The Constitution

1399 Words Dec 5th, 2016 6 Pages
The U.S Constitution was written by James Madison and was ratified on July 21, 1788. Ever since people had trouble determining how it should be interpreted. When judges interpret the constitution, they are interpreting new facts to an established law that has been given meaning and has a historical background. Many people argue that it should be read how it was written who are known as Originalists. Then there are people who believe that the Constitution evolves as society does and they are known as Living Constitutionalists. Also, some feel that the goal is not do determine whether the constitution should be determined originally or as a living document, but to give meaning on the basis of facts. In my paper I will discuss arguments on how the Constitution should be read, whether it be from the Originalists or the Living Constitutionalist’s point of view, and why Living Constitutionalism is better. As society evolves, there are new and more difficult problems that occur, and they cannot be solved by reading the exact text of the Constitution which makes Living Constitutionalism better. According to Meese “Their intention was to write a document not just for their times, but for posterity.” (Meese 15) Living Constitutionalists might say this is a very bold statement. This quote basically means that the Framers were trying to create a document that would address future and present problems. A common question that is asked is what did the Framers mean and want for the…
Open Document