Living constitution

For the past two decades, those in favor of original intent/strict contructionism have been gaining some influence over those who favor a “living constitution” interpretation of the Constitution. This seems to correlate with the rise of conservative influence over America in the past two decades.  In response to the liberal activism in what was called the Warren Court, conservatives started to voice what was called the conservative critique. Most visibly, this consisted of President Reagan’s attorney general, Edwin Meese was “unhappy with many of the Supreme Courts liberal decisions of the preceding decades, Meese argued that it was meddling with the affairs of the other federal branches and especially the state governments. (TDD 387).”

In response to Meese’s complaint on judicial activism, Supreme Court Justice William Brennan Jr., argued in defense of the judicial activism in what we think is the correct and most favorable interpretation on the Constitution. Brennan puts forth many arguments in favor of what some call a “Living Constitution” view of the Supreme Courts role in judicial review.

Brennan first criticizes what those who favor Original Intent call “the intention of the Framers” in relation to how judicial review should be carried out. Brennan attacks this doctrine by saying, “It is arrogant to pretend that from our vantage we can gauge accurately the intent of the Framers on application of principle to specific, contemporary questions…the Framers themselves did not agree about the application or meaning of particular constitutional provisions, and hide their differences in cloaks of generality (DEB 325).”

This asserts that because the Framers themselves didn’t agree, it would be impossible to judge what the Framers intent would be, as there is no pure consensus on certain constitutional provisions leaving the document incomplete and ambiguous.

To view the strict constructionist versus Living Constitution in the right context, one must see who the people are behind these terms. The people who promote a strict constructionist view are almost exclusively economic and social conservatives. This isn’t a coincidence as it is clear to see that many of the major Supreme Court cases of the past century have sided with a economically and socially liberal view.

This suggests that conservatives wouldn’t be against judicial activism if the courts ruled in their favor, for instance what if the Supreme Court all of the sudden ruled against legal abortion, banned gun laws, and got rid of welfare? If this happened the very same people who were once strict constructionist and anti-judicial activism would convert to a pro-judicial activist view, and vice versa with liberals. Which leads me to profess that I only prescribe to pro-judicial activism philosophy because they have made “liberal” decisions in the past.

Brennan of course gives other reasons for a Living Constitution other than the fact that the court has made liberal decisions. He argues that a Living Constitution serves as a check against unconstitutional and poor majoritarian rule by the legislature. Brennan reports that an “Unabashed enshrinement of majority would permit the imposition of a social caste system or wholesale confiscation of property so long as a majority of the authorized legislative body, fairly elected, approved (Brennan 326).”

This of course relies on the values and perhaps the consciences on the judges, who don’t have to play the partison politics games thanks to the lifetime term they can serve but still are put in their positions by elected officials. So if a corrupt and authoritarian elected legistlaative majority can get enough judges they approve of to Supreme Court seats, the legislative check disappears,

 

 

 

 

Calculate the price
Make an order in advance and get the best price
Pages (550 words)
$0.00
*Price with a welcome 15% discount applied.
Pro tip: If you want to save more money and pay the lowest price, you need to set a more extended deadline.
We know how difficult it is to be a student these days. That's why our prices are one of the most affordable on the market, and there are no hidden fees.

Instead, we offer bonuses, discounts, and free services to make your experience outstanding.
How it works
Receive a 100% original paper that will pass Turnitin from a top essay writing service
step 1
Upload your instructions
Fill out the order form and provide paper details. You can even attach screenshots or add additional instructions later. If something is not clear or missing, the writer will contact you for clarification.
Pro service tips
How to get the most out of your experience with MyStudyWriters
One writer throughout the entire course
If you like the writer, you can hire them again. Just copy & paste their ID on the order form ("Preferred Writer's ID" field). This way, your vocabulary will be uniform, and the writer will be aware of your needs.
The same paper from different writers
You can order essay or any other work from two different writers to choose the best one or give another version to a friend. This can be done through the add-on "Same paper from another writer."
Copy of sources used by the writer
Our college essay writers work with ScienceDirect and other databases. They can send you articles or materials used in PDF or through screenshots. Just tick the "Copy of sources" field on the order form.
Testimonials
See why 20k+ students have chosen us as their sole writing assistance provider
Check out the latest reviews and opinions submitted by real customers worldwide and make an informed decision.
Business and administrative studies
Perfect
Customer 452773, February 23rd, 2023
Social Work and Human Services
Although it took 2 revisions I am satisfied but I did receive it late because of that.
Customer 452603, March 25th, 2021
English 101
great summery in terms of the time given. it lacks a bit of clarity but otherwise perfect.
Customer 452747, June 9th, 2021
Human Resources Management (HRM)
excellent job
Customer 452773, June 25th, 2023
Business Studies
Thank you very much for a good job done and a quick turn around time.
Customer 452615, March 31st, 2021
Business and administrative studies
excellent work
Customer 452773, March 9th, 2023
Business and administrative studies
excellent job! got an A, thank you
Customer 452773, May 24th, 2023
Business and administrative studies
Thank you for your hard work
Customer 452773, October 19th, 2023
Business and administrative studies
always perfect work and always completed early
Customer 452773, February 21st, 2023
Business and administrative studies
perfect
Customer 452773, February 23rd, 2023
Leadership Studies
excellent job
Customer 452773, July 28th, 2023
Philosophy
Thank you
Customer 452811, February 17th, 2024
11,595
Customer reviews in total
96%
Current satisfaction rate
3 pages
Average paper length
37%
Customers referred by a friend
OUR GIFT TO YOU
15% OFF your first order
Use a coupon FIRST15 and enjoy expert help with any task at the most affordable price.
Claim my 15% OFF Order in Chat
Close

Sometimes it is hard to do all the work on your own

Let us help you get a good grade on your paper. Get professional help and free up your time for more important courses. Let us handle your;

  • Dissertations and Thesis
  • Essays
  • All Assignments

  • Research papers
  • Terms Papers
  • Online Classes
Live ChatWhatsApp