Philosophical Changes from the Original Intent History Essay (Essay Sample)
THE TASK INVOLVED EXAMINING THE Philosophical Changes from the Original Intent. THIS SAMPLE seeks to examine how the United States’ constitution has changed philosophically from its initial intentions (original intent) due to interpretation, amendment and court decision.source..
Philosophical Changes from the Original Intent
Scholars examining modern constitutional theory have extensively debated over originalism and living constitution (Hill 142; Katharina; Kevin; Solum). This debate has seen numerous disparities as regards originalism and living constitution, where modern originalists significantly disagree with living constitutionalists. By definition, original intent is a legal theory as regards statutory and constitutional interpretation. The constitution may be identified as the living law owing to its gradual interpretation and amendment based on the situation and time necessities. In the interpretation of the U.S. constitution, the living constitution is the argument that the constitution entails a dynamic meaning, undergoing evolution and being acclimatized to novel circumstances, devoid of being formally amended. This paper seeks to examine how the United States’ constitution has changed philosophically from its initial intentions (original intent) due to interpretation, amendment and court decision.
The history of amendments to the United States Constitution comprises of 27 amendments in total. The first 10 amendments all comprise of Bill of rights. The first framers exempted bill of rights on the grounds that it was unnecessary (Ramraj 142). While majority supported this idea, there were a few who considered bill of rights very important thus refusing to become part of the signatory team, these included Elbridge Gerry of Massachusetts, Virginia’s George Mason and Edmund Randolph. While the proposal for this amendment comprised of 17 sections, only the last 10 constituted the first 10 Amendments to the constitution of the Unite States.
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