Constitutional Interpretation, Its Significance, and Originalism The Constitution or “the supreme law of the land”, as stated in article six in the constitution is very complex. It is complex not only in its actual text full of ambiguities and vagueness, but it becomes more complex when used in practice and interpreted. Constitutional interpretation is significant because it is what decides what the constitution actually means. Constitutional interpretation is a guide judges use to find the legal
Strengthen the Separation between Church and State First Amendment issues of the separation of church and state and state establishment of religion have long been litigated in the federal courts. Until recently, the Supreme Court had a consistent track record of preventing the intermingling of religion and government, especially when it came to the nation's public schools. Yet this past year, a newly activist conservative court has set about rewriting some of the Warren Court's judicial legacy
forth in my Abortion Rights as Religious Freedom, I argue against Ronald Dworkin's liberal view of constitutional interpretation while rejecting the originalism of Justices Scalia and Bork. I champion the view that Justice Black presents in his dissent in Griswold v. Connecticut. INTRODUCTION In Life's Dominion Ronald Dworkin uses a liberal interpretation of the Constitution to defend constitutional rights to abortion and euthanasia. (1) According to Dworkin, the Constitution "lays down general
documents, giving rise to a constitutional politics in which every aspect of the document plays a vital role. The most heated political debates are often over the constitutionality, or lack thereof, concerning the issue in question. Differing interpretations of the Constitution allow for opposite sides of such debates to have points of view which are both seemingly valid even when they are mutually exclusive. Debates over specific issues then become debates over interpretations of the Constitution. Two
poem is named after. The metaphorical meaning of this creature is encased in modernism ambiguity, modernism being an unconventional literary style, with open-ended symbolism and messages. And thus, reader’s have yet to unanimously agree on an interpretation. However, I and several others, interpret it as the physical embodiment of the products of a conflicted post-WWI environment. Since the environment in the first stanza is volatile, and of it may arise a wretched and vile place that would envelope
Varying Interpretations of Heart of Darkness and Apocalypse Now The true meaning of varying interpretations comes alive when one compares the two film versions of Heart of Darkness by Joseph Conrad. Heart of Darkness and Apocalypse Now have the same basic outline and underlying themes, however the plots, characters, settings, time, purposes, and points of view differ enough to create two extremely different effects and two entirely opposite movies. Both movies depict an insanity: of man in Heart
Changing Interpretations of The Prince and Niccolo Machiavelli After five hundred years, Niccolo Machiavelli the man has ceased to exist. In his place is merely an entity, one that is human, but also something that is far above one. The debate over his political ideologies and theories has elevated him to a mythical status summed up in one word: Machiavelli. His family name has evolved into an adjective in the English language in its various forms. Writers and pundit’s bandy about this new
An Interpretation of Emily Dickinson's Poem #315 Emily Dickinson had an interesting life, and is a profound woman in the history of America and literature. Emily wrote many poems. Some are titled, and many are given chronological numbers instead of headlining the main theme. I am interpreting Poem #315. I read the poem, and had to read it again and again. As with most poems, the meaning is always clouded from me and I need a little help to figure out the true meaning of the author's intentions
The Love Story Interpretations of Robert Frost's Poem, Wind And Window Flower When reading Robert Frost Poem, Wind And Window Flower, I could not help but think that love and heartache were involved. I came up with two interpretations for Wind And Window Flower. In both interpretations, the Wind and the Window Flower signify a man and a woman. My first interpretation is as follows: Lovers, forget your love for an instance, and listen to the love of these two people. The characters in
Interpretations of William Faulkner's A Rose for Emily William Faulkner's "A Rose for Emily" has been interpreted in many different ways. Most of these rely solely on hints found within the story. I believe that his life can also help one analyze this story. By knowing that Faulkner's strongest influence was his independent mother, one can guess that Miss Emily Grierson's character was based partly on Maud Falkner. William Cuthbert Faulkner was born in New Albany, Mississippi on September
An Interpretation of Dudley Randall's To the Mercy Killers In order to appreciate a poem properly, care must be taken to analyze and understand many different facets of the work. Poems are often very complex and require a great deal of thought in order to arrive at the intended meaning. At the very least, three particular items of information must be uncovered during the reading of poetry. An experienced reader of poetry will always determine the identity of the speaker, the occasion of the speech
Reality: Influenced by an Individual’s Perception and Interpretation When the term reality is mentioned, many questions arise regarding what reality is and what is real originate also. Unfortunately, many of these questions are yet to be answered since determining reality and what is real are left to each individual’s imagination - for one to determine reality as he or she sees fit. A dictionary may provide a definition for the word reality, but things that constitute reality may never be
word is the most meaningful of all types of communication. It is valid to say that if ten people read a book and were asked to retell the book in their own words that we’d hear ten different versions of the same book. In today’s society, our interpretations are feared. We might interpret anything contrary to the author’s intentional meaning. The author could then possibly be liable for any actions we take after reading his works. Don Quixote is one who consciously decides to interpret his books of
Whitman's Interpretation of Emerson Walt Whitman was able to take the spark of an idea from Ralph Waldo Emerson and tend, nurture, and support it until the spark grew into a huge flame of something surprising and original - new American poetry. Whitman did not only learn from Emerson, but he also took Emerson's ideas and expanded them into something much more encompassing. Whitman was able to use Emerson's principles that are outlined in "The Poet" to springboard into something more expansive
Quantum Holism as Consequence of the Relativistic Approach to the Problem of Quantum Theory Interpretation ABSTRACT: In modern physics the common relational approach should be extended to the concepts of element and set. The relationalization of the concepts of element and set means that in the final analysis the World exists as an indivisible whole, not as a set (of one or another kind of elements). Therefore, we have to describe quantum systems in terms of potentialities and probabilities: since
Sigmund Freud’s Interpretation of Sophocles’ Oedipus Tyrannus Throughout the years, there have been many interpretations of Sophocles’ Oedipus Tyrannus. However, one of the most interesting interpretations of the play would have to be one that uses the theories of Sigmund Freud to analyze the actions of the characters. The use of various aspects of Freudian theory such as the id, ego, superego, and the Oedipus Complex reveals Oedipus and his behaviors throughout the course of the play. In
Analysis and Interpretation of A Clockwork Orange A Clockwork Orange, by Anthony Burgess, is one of the most experimental, original, and controversial novels of the twentieth century. It is both a compelling work of literature and an in-depth study in linguistics. The novel is a satirical, frightening science fiction piece, not unlike others of this century such as George Orwell's Nineteen Eighty-Four or Aldous Huxley's Brave New World. However, the conflicts and resolutions in A Clockwork Orange
Jack Kerouac's On the Road: Ranting of a Maniac or Precise Interpretation of Reality? Jack Kerouac's On the Road is considered the bible of the Beat Generation, illustrating the wild, wandering, and reckless lifestyle chosen by many young people of the time. Despite all of Dean and Sal's partying and pleasure-cruising, On the Road ends up being a sad and disturbing story. During all the trips, through the good times and the bad times, there is a sense of darkness and foreboding following in
Freud. Showalter also attributes the characterization of Ophelia to not only the audience, but also to the actress that plays the part. Never does she suggest that Ophelia could be just that, "Ophelia." Her entire article is devoted to individual interpretation of the play in its entirety, focusing primarily on Ophelia. Showalter presents her own ideas by bringing together the ideas of many others such as Jacques Lacan, Susan Mountfort, Ellen Terry, and more. Showalter provides suffice evidence in addressing
and the table of categories, but also that indicates the transcendental role of the understanding; the way in which intellectual conditions operate to allow the possibility of experience, made manifest by an examination of logic. Points of Interpretation The ‘pu... ... middle of paper ... ...lieve that the first sentence contains premises that imply a conclusion contained in the second sentence. Indeed they are premises about what is known about the understanding a priori, and lead to