Tuesday, April 23, 2019

Understanding the U.S. Constitution Assignment Example | Topics and Well Written Essays - 750 words

Understanding the U.S. Constitution - Assign handst guinea pigAs the paper outlines, there be mainly three convocations of people where the disposition is involved. The first group subscribes to the theory that the governance should be based on original intent, the others insist that it should be based on textualism and the rest insist that the constitution is a living document and and then subject to changes and other amendments (Isaacs 5). Textualists check up on the belief that the constitution should not be based on intent where judges and others using the constitution make their own interpretations of it. Instead, they should use it according to the route the original dr afterwardss of the constitution wrote it. The same views are held by those subscribing to the originalism theory who insist that the original meaning of the constitution should be maintained and if any amendments are to be do whatsoever, they should be in line with the original ideas of those who drafte d it and diverse further. These two groups of people go analogue with those arguing that the constitution is a living document which should be dynamic and hence flexible to induce as many amendments as necessarily required. This last group, therefore, insists that the constitution should be interpreted according to the blank space at hand and in accordance to other laws and also in order for the rest of the citizens who are not legal technocrats to understand it better. These differing ideologies about the constitution were also experienced initi everyy when it was being drafted as not all those congressmen present voted in support of it in the constitutional convention of 1787. The differences were also experienced later on in the late 1700s and early 1800s hence the various amendments that were made among them being the world-class to the 12th amendment all which were made during this period. The founding fathers of the constitution therefore disagreed and finally made changes and hence were not supporters of textualism. Textualism is a good thing since it helps to get wind that the original meaning of the constitution is maintained. However, the original intent of the constitution should be present because times are changing and since thus far the original drafters of the constitution made changes to the document, therefore there is no need of fully committing to textualism. Based on the above facts and even the evidence that has been seen through and through the twenty-seven (27) amendments made since it was drafted, my views are that the constitution is and remains to be a living document and hence will keep on allowing for amendments to be made but at the same time ensure that the original ideas and meaning is not lost during the changes and interpretation. We fought a revolution for life, liberty, and the pursuit of happiness because all men are created equal. Yet the United States remained a slave nation for over 80 years after this revolution ev en though some founders disapproved and some states abolished the institution. So was this great country of ours founded on deceitfulness? The founders of this nation had the best interest of the rest of the US citizens at heart. It is this love and passion for their country that made them draft the constitution which was not only a declaration of law but also the way forward for the nation for the years to come. However, even though the constitution had articles and even amendments which were meant to ensure equality for all in this nation, some of these founders were still not fully committed to ending slavery or even fully do away with the issue of racism.

No comments:

Post a Comment

Note: Only a member of this blog may post a comment.