Essay On Constitutional Analysis

Constitutional and statutory analysis, also known as interpretation, are two concepts that intertwine due to the fact that most problems that come up in statutory analysis, come up in constitutional analysis. Statutory interpretation includes the creation and solicitation of requirements approved by legislations. Constitutional interpretation is different and more talked about because problems with the constitution are extremely old, unclear, and tough to amend. Statutory interpretation has been questioned to be fixed or still evolving. Unlike constitutional interpretation, statutory interpretations the power to easily be changed. Statutory interpretation deals with looking at the simple language of the law to determine its original purpose.

Whenever a fiercely discussed topic in the USA is brought up to the Supreme Court, the constitution is the first legislation looked at. The first problem with the constitution is when it was made, it was a different time period. There were no equal rights, for women, minorities, or certain religions. There was no talk of the LGBT community or people with disabilities. Even though out constitution states that “all men are created equal”, it did not really mean that until the 1960s. The second problem is how elusive the constitution is. The framers knew the nation was evolving and growing larger, so they left many amendments vague to so it could be decided to the courts how they wanted to interpret them. The third problem is the constitution is hard to amend. It takes two-thirds vote of each house of congress and approval in three-quarters of the state legislatures to pass a revised amendment (Coleman, pg.289). With congress and state legislatures being divided over miniscule issues, can one imagine what it is like deciding on major controversial topics? There’s a reason why it takes months to years for laws to get changed or amendments revised, there are so many