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Why is the Constitution so vague legal scholars and US Supreme Court justices sometimes cite The Federalist Papers in their writing?
Wiki User
∙ 14y ago
The US Constitution was created as a framework on which to build the federal government, but the Framers were deliberately vague in some areas to allow flexibility. It would be impossible for them to foresee all possible conditions future generations of officials might face, or to make allowances for changes in society or to the Constitution itself, let alone dictate solutions to conflicts. For this reason, it's not always possible to intuit the Framers' intentions.
The Federalist Papers, written primarily by Alexander Hamilton and James Madison under the pseudonym "Publius," was intended to educate the population and sell the states on ratifying the Constitution. These documents went into much greater detail about how the Founding Fathers viewed the purpose and function of each branch of government, and the relationships between the federal government and the states.
While Hamilton and Madison represented but one ideological viewpoint, their writing provides valuable insight when attempting to interpret the Constitution.
Wiki User
∙ 14y ago
Wiki User
∙ 8y ago<p><p>It really isn't vague. Sometimes it is hard to read today because it is written in the language of the 18th century and sometimes we have to reason out what they meant. They made it flexible so the future could change or adapt it to situations, but were brilliant enough to know that things would be different in the future. We are lucky they did this because if you compare our world and the world 200 years ago the differences are outstanding. Franklin was so forward thinking he left a bank account for the city of Philadelphia to be opened in the 1990's.
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Definitions of Constitution by different scholars?
k c wheare states that constitution is the whole system of government of a counry,the collection of rules which establish and regulate or government.
Does the constitution say that you can't secede from the union?
No. In fact, some constitutional scholars believe that the right to do so is implied in the document.
Did the South have the right to secede from the Union?
According to most Constitutional scholars, states in the United States cannot secede after they receive statehood. In 1861, there was a clear dispute about this. In the Confederacy, they wrote their constitution based mostly on the US Constitution. Their constitution clearly states that secession is illegal.
What are the two Greek rationalists that European scholars studied during the Renaissance?
The two Greek rationalists that European scholars studied during the Renaissance were Plato and Aristotle. Their works on philosophy and natural sciences were instrumental in shaping the intellectual landscape of the time.
What is the possessive form for scholars?
The possessive form for the plural noun scholars is scholars'.
What is high crime described in article three of the amendment?
The constitution does not really define what a high crime is, however scholars agree that bribery, perjury and treason all constitute a high crime.
Who is writing sambidhan?
The constitution is typically drafted by a group of experts, legal scholars, and representatives who are tasked with designing and shaping the foundational laws of a country. These individuals work together to create and write the constitution, often with input from the public and various stakeholders, to ensure that it reflects the values and principles of the nation.
Some scholars compare Napoleon's General Vandamme to what World War 2 US General?
General George Patton is sometimes compared to Napoleon's General Vandamme.
What types of jobs would scholars likely have?
Some types of government positions, they would sometimes would have to pass a test to be it a certain position in China's golden age.
What types of jobs would these scholars likely have?
Some types of government positions, they would sometimes would have to pass a test to be it a certain position in China's golden age.
What is Antonin Scalia's judicial philosophy?
Justice Antonin Scalia is a conservative. He is one of two justices on the court (the other being Clarence Thomas) who believe in the philosophy of constitutional originalism, that the Constitution should be interpreted solely in terms of the framers original intent. An originalist believes that the words in the constitution mean what they meant when they were written. This is in contrast to the philosophy of the living constitution, which is the viewpoint of the majority of constitutional scholars and is practiced by the other seven members of the court. Those who believe in the living constitution view the words in the document to evolve over time as opinions change. They would mean what people would generally to consider them to mean at the time the particular dispute arises. So for example, if a case come up challenging a punishment as "cruel and unusual" (prohibited by the 8th amendment) originalists like Scalia would look at what the founding fathers felt were cruel and unusual and if he felt the punishment would have been approved by the founders then he would find the punishment being challenged as constitutional. The justices with the living constitution philosophy, on the other hand, would look to see whether the particular punishment fit into what society generally considers to be cruel and unusual. Since the founding fathers were much more tolerant of very severe forms of punishment than people generally are today, Scalia would be more likely to rule that a particular punishment is constitutional than the justices who believe in the living constitution. The originalism philosophy more often than not results in a more conservative result. However, this isn't always the case. For example, because Scalia and Thomas believe the founding fathers had a broad meaning for the confrontation clause they often rule that defendants have greater rights to confront witnesses at trial than the living constitution justices. Scalia has ruled that prosecutors cannot allow witnesses to testify by closed circuit television in place of live testimony. The two originalists also voted that that the confrontation clause gives defendants a constitutional right to call to the stand lab specialists who made routine findings rather than allow the prosecutors to simply submit a report. In both of these instances, some of the justices who are normally considered to be more liberal took positions more conservative than Scalia.
How is the meaning of scholars related to the meaning of the Latin word scholars?
scholars is the same word as scholaris thats why their related
