The Importance Of Constitutional Intention Of The Constitution

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The Supreme Court has gained a tremendous amount of power since the states first approved of the rights and limitations set forth in Article III during the Constitutional ratification process. Some of this accumulated power, such as the ability to analyze the constitutionality of Congressional legislation, appears to be justifiable in most cases. However, there have been several instances, especially the recent Obergefell v. Hodges case, where the Court has seemed to overstep its boundaries by a considerable margin. The problem is that the extent of the Court’s power depends on the interpretation of its authority as stated in the Constitution, and the Court itself has been granted the primary right to Constitutional interpretation. As William …show more content…

Embracing what he calls the ‘Jurisprudence of Original Intention,’ Meese argues that the best way to read and apply the Constitution is to seek to understand it the way that its authors did (Meese 377). “…the meaning of the Constitution can be known,” he declared, and the phraseology of the Constitution was deliberately crafted for a reason (376). Not only is it possible to ascertain the meaning of the Constitution, but this meaning is also general enough to be relevant to current societal concerns. The Founding Fathers were not haphazard in their approach to creating the Constitution: they meant for it to be a guideline for the questions of future generations. Meese believes that the Constitution successfully addresses issues beyond the scope of the culture, customs, and problems of the time when it was written (375-376). Because the meaning of the Constitution is knowable and has a practical effect on current government administration, Meese agrees with John Marshall’s quote that “…we have a written constitution with meaning that is binding upon judges” (376). Judges are not free to interpret our founding document based upon their whims, Meese believes. Instead, when we need to draw specific answers from general statements in the Constitution, “it should be interpreted and applied in a manner so as to at least not contradict the text…itself” (378), and from broad statements we can gain understanding of “how problems should be approached, and by whom” (376). In summary, Meese believes that the writings of the Founding Fathers and the Constitution itself are the best guides to Constitutional

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