Theories of Constitutional Jurisprudence

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Constitutional jurisprudence is a way that the court decides whether something is constitutional or not. It forms a basis for the justices to reach a conclusion regarding different cases that they encounter. Three main theories pertain to the constitutional jurisprudence; original intent theory, living constitution theory and plain text meaning theory. Among these the living constitution theory is the best because it takes into account the present day situation and makes decision according to that. The original intent theory is based on “…what (did) those who originally wrote the constitution actually mean” to decide if something is constitutional or not. In other words, according to the theory what is written in the constitution is to be interpreted in its original way. However, this theory poses a lot of problems. Firstly, the fact that “…many things that the founders never contemplated (that) exist today” is the biggest loophole in this theory. When such situation arises, there is no way one can certainly predict what the ancestors would have done in that position. Secondly, the constitution was a compromise of delegates from different states. This makes the book vague and unclear. “Constitution was ratified in late 1700s by these people so anything that was not ratified is not a law” we cannot say that. Following this, question arises, “…should opinions held 200 years ago dictate how we think today?” It is evident that how people think and react to a certain situation has changed since the constitution was first drafted. Therefore it is irrational to interpret a situation in a way that would have been interpreted when the constitution was written. For example, the constitutional reflects how it treats African Americans in a... ... middle of paper ... ... the constitution about 200 years ago so the constitution must change and evolve from time to time. The living constitution theory is the only theory that will lead to a constitution that fits to the present day society. Without any amendments, the constitution would be difficult. People may argue that the constitution is pointless if it is changed frequently. However, the living constitution must be changing but also fair and acceptable by all. The constitution was drafted in 1787 so we cannot be guided by those concepts written so many years ago. In addition the constitution does not say anything about a lot of things like abortion, privacy or gay marriage. These issues are prevalent in today’s society. With the emerging advancement of technologies these things do come into play. Therefore a living constitution theory is the best way to reach a decision.

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