Why The Constitution Should Be Legal Video
Too Much Regulation Destroys the Rule of LawWhy The Constitution Should Be Legal - variant
In the context of United States law, originalism is a concept regarding the interpretation of the Constitution that asserts that all statements in the constitution must be interpreted based on the original understanding "at the time it was adopted". This concept views the Constitution as stable from the time of enactment and that the meaning of its contents can be changed only by the steps set out in Article Five. The term originated in the s. Such theories share the view that there is an identifiable original intent or original meaning, contemporaneous with the ratification of a constitution or statute, which should govern its subsequent interpretation. The divisions between the theories relate to what exactly that identifiable original intent or original meaning is: the intentions of the authors or the ratifiers, the original meaning of the text, a combination of the two, or the original meaning of the text but not its expected application. Bret Boyce described the origins of the term originalist as follows: The term "originalism" has been most commonly used since the middle s, and was apparently coined by Paul Brest in The Misconceived Quest for the Original Understanding. Both theories are associated with textualist and formalist schools of thought; however, there are pronounced differences between them. Scalia differentiated the two by pointing out that, unlike an originalist, a strict constructionist would not acknowledge that he uses a cane means he walks with a cane because, strictly speaking, this is not what he uses a cane means. Why The Constitution Should Be Legal.Related to constitution: Bill of Rights. The act or process of composing, setting up, or establishing.
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The composition or structure of something; makeup. The physical makeup of a person: Having a strong constitution, she had no trouble climbing the mountain. The system of fundamental laws and principles that prescribes the nature, functions, and limits of a government or another institution.
Constitution The supreme law of the United States, consisting of the document ratified by the original thirteen states and subsequent amendments. All rights reserved.
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Constitution of the United StatesU. Bill of Rights - a statement of fundamental rights and privileges especially the first ten amendments to the United States Constitution. Fourteenth Amendment - an amendment to the Constitution of the United States adopted in ; extends the guarantees of the Why The Constitution Should Be Legal of Rights to the states as well as to the federal government. Eighteenth Amendment - an amendment to the Constitution of the United States adopted in ; prohibited the manufacture and sale of alcoholic beverages; repealed in Nineteenth Amendment - an amendment to the Constitution of the United States adopted in ; guarantees that no state can deny the right to vote on the basis of sex.]
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