In his 1985 “Speech to the Federalist Society Lawyers Division,” Edwin Meese, III, was clear in where he stands with regards to judicial interpretation of the Constitution. Embracing what he calls the ‘Jurisprudence of Original Intention,’ Meese argues that the best way to read and apply the Constitution is to se...
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...d to interpret the Constitution in whatever way necessary to preserve the stability of society and to promote the dignity of human life (391-392). In several sections of the document, “The phrasing is broad and the limitations of its provisions are not clearly marked,” Brennan claimed (383); however, he also believed (in contrast to Meese), that parts of the Constitution are too specific. Thus, although our current understanding of certain principles might be the same as that of the Founding Fathers, Brennan believes that we cannot implement those principles in the same way that early government leaders would have (387). Perhaps Brennan’s most important claim was that judges should not give advice based on what they believe the Constitution to say; instead, they should speak on behalf of the people and on what the country as a whole would interpret it to say (385).
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