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Tuesday, July 23, 2019

Constitutional Interpretations Essay Example | Topics and Well Written Essays - 1250 words

Constitutional Interpretations - Essay Example According to U.S. Constitution online, there are four basic methods of constitutional interpretation; Originalism or original intent, Modernism or Instrumentalism, Literalism and Democratic or normative reinforcement. Originalism, â€Å"The theory that in constitutional adjudication judges should be bound by the intent of the farmers,† where â€Å"Farmer† refers to those who wrote and ratified the Constitution, is a regulative theory of constitutional interpretation whose purpose is to provide this guarantee and prevent constitutional interpretation from becoming political in the policy-making sense of the term. They consider it the original way of interpretation and look for guidance from makers if there is some ambiguity. According to this method, the constitution is interpreted in a traditional way of farmers. In this method, it is determined that how the farmer had thought and interpreted. For knowing the farmer’s way, different sources are used, for example, newspapers, Federalist papers, contemporary writings of the farmers and Constitution as well. This interpretation of approach is limited because only a few hundred people of the same kind cannot be the representatives of the diverse population of today. Modernism is exactly opposite to the originalism as they perceive original text to be old and not in consideration with today’s world and its requirements. They believe in changing and improving constitution with time as modern development and scenarios can change the whole meaning.

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