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
Biblical and Classical Interpretations of the Witches of The Scarlet Letter The theme of witchcraft is woven into the fabric of The Scarlet Letter. The introductory "Custom-House" chapter includes an appeal by the author to remove any witches' curses on his family. Once he takes us back to the Boston of the 1640's, he frequently hints about the cohorts of the "Black Man" who meet in the woods beyond the town. But if the reader understands the classical meaning of the word witchcraft such as
Branagh's Interpretation of Much Ado About Nothing Shakespeare's wonderful comedy, Much Ado About Nothing, is an entertaining tale of the trials and tribulations of two pairs of lovers, who must face and overcome both malicious schemes plotted against them and also their own flaws and shortcomings before finding happiness together. Although clearly a comedy, the play is not without its darker moments. Don John plots to ruin Claudio's marriage; he nearly succeeds because Claudio, and most of
A Freudian Interpretation of Candide Voltaire’s Candide is a humorous work depicting the misadventures of a German man who has fallen from pseudo-nobility and is forced to roam the world in search for his love and his identity. In his adventures, he encounters massive fits of violence, both inflicted by himself onto others, and by those around him. This huge amount of violent behavior brings about startling questions about morality and justice in Voltaire’s time. It becomes apparent that Candide
Constructivism: A Matter of Interpretation The theory of constructivism rests on the notion that there is an innate human drive to make sense of the world. Instead of absorbing or passively receiving objective knowledge that is "out there," learners actively construct knowledge by integrating new information and experiences into what they have previously come to understand, revising and reinterpreting old knowledge in order to reconcile it with the new (Billett 1996). The cognitive structures
meanings. The Tasks and Various Interpretations For each learning paper, Marielle was given eight different ways to interpret “The Divine Image,” by William Blake. Learning paper 1 asked her to read the poem out loud, write down any ideas that came to mind, then write a summary of what the poem was about. She familiarized herself with the poem when she asked questions such as “Do these words contradict each other?” and “Who is they?” This was her interpretation: I interpret this songs to be
An Interpretation of E.E. Cummings' Anyone Lived in a Pretty How Town E.E. Cummings (1894-1962) is an American Poet whose works are some of the harder ones to understand. That's what Cummings is known for, his typography, language, punctuation, and his use of capital letters to give words special meanings. It has been stated that he has his own language known as Cummingsian. Cummings has done a lot of experimentation with language along with other poets during the Modernist era. Not only
case for the apparently immoral position”, how he found dramatic monologues the best form to do so, and how he went about it. It keeps going for a couple more pages on things which I will not go into because they have little relevance to any interpretation of “My Last Duchess”. The article as it pertained to my poem was fine; I wish I could have found one which went into more depth as opposed to just discussing immoral characters and our empathy for them. I didn’t particularly care for the lawyerly
was possible and would have been a murder if he connected. In terms of the law it can be further simplified to focus on fault and conduct. All this brings into account the principle of causation. Causation has its origin in a norm; man’s interpretation of nature has a normative juristic character, and has its beginnings in 19th century (Kelsen47). And from that we add to its relation to
her husband is actually alive. They feel that when Louise finally accepts that her husband is deceased and she discovers freedom, that seeing her husband alive causes her to get depressed, go into shock, and die. On the other hand, a more unique interpretation of Mallard’s death would be that she passed away from excitement and anxiousness from being completely independent, and having various opportunities in store for herself. Mallard may have not been able to handle the new exhilaration directly after
An Interpretation of the Ghost Ghost is something that some believe and some won't. But still most of them get frighten to some extend, when they watch terrific horror films. Perhaps it is due to the terrific sounds or special effects that imposes ones mind. But there is a specific science that has the ability to explain the concepts of the spirits or ghosts called Adhyathma (A study centered around the soul)in the Ancient Indian script. According to the teachings of the ancient scripture Bhagavad
anaphora. Within Billy Collins “Litany”, metaphors, imagery, and anaphora are used to speak favorably about a female character in a subtly comical way. The strange metaphors and imagery when referring to the female character make every individual interpretation unique because the metaphors are not straight forward. The female character is being compared to strange household items, aspects of nature, and modes of transportation. While metaphors are meant to be a comparison between two unlike things,
Interpretations of the New Deal The two statements show two very different interpretations of the New Deal. Interpretation I is very much in favour of the New Deal, where as interpretation II is not. I will use source based information and my background knowledge to back up both of these statements and then make a conclusion based on the evidence. Interpretation I gives much of the credit from the recovery to the New Deal, saying that "It gave them the confidence to
Contrary Interpretations of The Yellow Wallpaper “The Yellow Wallpaper” was first published in New England Magazine in 1892. Charlotte Perkins Gilman, an advocate for the advancement of women, authored the short story. She intended the piece to bring to light the inherent ineptitude of the Weir Mitchell “rest cure.” Though this subject is addressed, many other pertinent topics are broached, ever so subtly. Other themes in the book include the role of women in a society dominated by men,
How Shakespeare Presents the Character of Claudio in Much Ado About Nothing and How Interpretations of His Character Can Vary Claudio is firstly presented, (though he is not in the scene where this takes place) as a brave, young and fresh addition to Don Pedro’s troops and that he is quickly growing to be a hero and this is commented on by the messenger in the scene. He is extremely naïve in the early scenes, he has a very simple and trusting view of the world and the way it works, he
goddess though. And by falling in love with Adonis she has stirred up the waters on Mount Olympus. This forbidden love caused some anger to brew from the gods so they sent a wild animal Susan Sontag talks of this in her composition of essays Against Interpretation. She says “It does not matter whether an artist intends or does not intend for their work of art to be interpreted” (Sontag 6). But patience is key when one is interpreting and analyzing a painting, there must be no aspect looked over for an accurate
The environment surrounding the star-crossed lovers in the tragedy of Romeo and Juliet can influence audiences who may interpret the scenes in different ways. The audience can be greatly affected in their interpretation of the story by the mise-en-scene, costuming, and the hidden symbolic meaning. This great piece of literature was edited in two unique and intriguing forms, one Zeferelli directed which was filmed in 1968, and the modern version produced in 1996. The different scenes throughout the