Thesis Statement: Supreme Court justices should follow Ronald Dworkin's theory of constitutional interpretation Argument: Dworkinian interpretation is very much like the general interpretation of the constitution, in that not only must law "imposers"consider the explicit meanings of the constitution but also their impact and acceptance by society. ... Board of Education, the court held that it was not constitutional to segregate blacks and whites, but if a strictly explicit view of the constitution was taken segregation would have been in accordance (Altman 85). ... Implicit and e...

• Word Count: 705
• Approx Pages: 3
• Grade Level: Undergraduate

Before the presidencies of Jefferson and Madison, the Jeffersonian Republicans were known as strict constructionists. ... They believed in the Elastic Clause, which allowed the Constitution to be up to individual interpretation. ... Therefore, they were strict constructionists because they had a strict interpretation of the Constitution. ... Also, it shows how strict the Republicans were when they declared the Judiciary Act of 1801 unconstitutional. ... Their strict constructionist characterization was completely inaccurate at this point. ...

• Word Count: 2096
• Approx Pages: 8

The Constitution was written with the intention of being the supreme law of the land, however, strict and loose interpretation of this document leads to a variety of explanations. ... Unhindered by the prospect of having to campaign, these justices can fully devote their time to the study and interpretation of the most crucial document necessary to the survival of the American way of life. ...

• Word Count: 710
• Approx Pages: 3
• Grade Level: Undergraduate

In Gratz v Bollinger, the post court written opinions of Chief Justice Rehnquist and Justice Ginsburg hover around the interpretation of the 14th Amendment. ... Thus, "all racial classifications review able under the Equal Protection Clause must be strictly scrutinized." ...

• Word Count: 512
• Approx Pages: 2
• Grade Level: Undergraduate

This will be shown by examining how the Constitution ensures and upholds American ideas of rights, defines governmental structures, allows for an increase in governmental growth, and permits the Supreme Court to shape and define public policy through Constitutional interpretation. ...

• Word Count: 2367
• Approx Pages: 9
• Grade Level: High School

Dual federalism also calls for a very strict reading of the Necessary and Proper Clause as well as focusing on the idea that the Constitution is an agreement between the states and the federal government. ... Justice Marshall's interpretation of the Constitution was premised on the notion that the national government was the creation of the people and not the states and that Article VI established federal law as the supreme law of the land (Supremacy Clause). ... His loose interpretation of the Necessary and Proper Clause and most obviously, the creation of the Supremacy Clause are fu...

• Word Count: 1635
• Approx Pages: 7
• Grade Level: Undergraduate

These policies pursued by Eisenhower added to the tension and apprehension the American public was already feeling in regard to the Soviet threat, and added to the relative conformity and strict social rules of the time. ... This is perhaps, no more clear, than in the strict roles followed within the American family. ... This picture of the ideal family resulted in strict gender roles for both men and women, as well as, a repressed American sexuality. ... This distinction drawn reveals, to a much higher degree, the sexually conservative views of the Justices, than in their strict legal fin...

• Word Count: 3509
• Approx Pages: 14
• Grade Level: Undergraduate

I am not a lawyer, and therefore, my interpretation is based on the basic understanding of the correct wording as it is. ... The many cases that have sought interpretation of their suitability and classification on sexual content have created another thin line as to what really is extreme sexual content in literature. ... The author and feminists feel the judgment failed to expressly strictly define the boundary of what is publicly palatable and what is obscene and unfit for distribution as literature. ...

• Word Count: 1042
• Approx Pages: 4
• Grade Level: Undergraduate

As the two-party system emerged, Hamiltonian Federalists and Jeffersonian Democratic-Republicans disagreed on many matters. Their political philosophies were complete opposites in almost every aspect. Thomas Jefferson and Alexander Hamilton, the two people whose names appear in the names of the a...

• Word Count: 696
• Approx Pages: 3
• Grade Level: High School

She was unable to have an abortion because of the strict laws in Texas. ... The twenty eight week old, weighing at least 1000 grams, now often has in the studies at least a 70 percent survival rate if born in or near a good hospital and a majority of these survivors appear normal after several years of follow-up" (A Legal Interpretation By: Robert D. ...

• Word Count: 663
• Approx Pages: 3
• Grade Level: High School

The framers of the Constitution of the United States faced the dual challenge of providing a system strong enough to protect the citizens, while assuring that the citizens would not be oppressed. Ideas for the Constitution were borrowed from centuries of experience including the Magna Carta, Eng...

• Word Count: 873
• Approx Pages: 3
• Grade Level: High School

Due to an extremely loose interpretation of "mental health," California also had defact abortion-on-demand. ... In order to avoid abortions, the government put strict restrictions on abortions. When state by state Governments put restrictions on abortions; it conveys messages to other states to make there own rules stricter. ...

• Word Count: 1322
• Approx Pages: 5
• Grade Level: High School

Eventually, the Court concluded that "the people" protected in the Fourth, First, and Second Amendments and to whom the rights and powers are reserved for in the Ninth and Tenth Amendments refer to "a class of persons who are part of a national community or who have otherwise developed sufficient connection with this country to be considered part of that community" *** Thus, the Supreme Court decided that While lower courts do not agree on a single interpretation of the Second Amendment, in each of the few Second Amendment-related cases conducted, the U.S. ...

• Word Count: 2448
• Approx Pages: 10

In the late eighteenth and early nineteenth centuries, many court cases made it to the newly established Supreme Court. Established in 1789 as the highest federal court in the United States, the Supreme Court is used to settle cases involving federal laws after being argued at state level courts. Wi...

• Word Count: 1046
• Approx Pages: 4

David Rodriguez AP American History 9/26/03 Presidential Outline Thomas Jefferson I. Thomas Jefferson (1743-1836) II. A. Education- Was sent to Dover, Virginia, where he studied Latin with Reverend William Douglas until 1757. He was then sent to the school of the Reve...

• Word Count: 2529
• Approx Pages: 10
• Grade Level: High School

Even if we go on the strict constructionist philosophy that it is the duties and powers outlined elsewhere in the document, that still leaves room for quite a bit of interpretation in the latter sections. ...

• Word Count: 1503
• Approx Pages: 6
• Grade Level: Undergraduate

Overall, each article provides separate interpretations that intermingle or conflict on the debate of the death penalty for youth. ... Although, this brought forth the idea of developmental differences in youth the 20th century has experienced a higher amount of violent crime and in response has manipulated the juvenile justice system to result in allocating stricter policies and punishments. These stricter policies and punishments have given rise to an increase in death penalty sentencing and life in prison for youth. ...

• Word Count: 4558
• Approx Pages: 18

Justice Stephen Breyer I. Introduction: Seated in October of l994, Justice Stephen Breyer is the 108 person to serve on the United States Supreme Court. Described as "brilliant, friendly and nice," Breyer graduated from Stanford in l959 with a degree in philosophy.1 He later earned his law degree ...

• Word Count: 4693
• Approx Pages: 19