A strong urge to support a loose constuctionist view of the constitution should be interpreted as just that; an urge. Whether or not it is an urge you want to follow is left as an exercise for the reader.
How important is the original intent of the Constitution when deciding cases? -Apex
The Supreme Court which is part of Judicial Branch
There isn't one. Article 3 of the US Constitution enables the judiciary to interpret laws. That's why you have so many Justices in the Supreme Court who have varying views on how to interpret the Constitution. For example, Justice Scalia is known to be one who thinks the Constitution isn't flexible, while Ginsberg is generally for flexibility.
A constitution should be inflexible; a person should not be able to interpret its contents in a number of different ways, but in one way that is fair for all. Amendments allow a constitution to be updated and corrected to reflect the changes in society, but not so that it can be changed on a flimsy whim.
Chief Justice John Marshall believed interpreting the Constitution was the responsibility of the Judicial branchof government. The Supreme Court of the United States is the ultimate arbiter of the Constitution.
Yes, the courts interpret the Constitution. The Supreme Court of the United States, specifically, makes the final determination about how the Constitution should be interpreted.
They are both dealing with "how" the constitution should be read. Interpret it or literally read it as it is. with out reading between the lines. The Virginia and Kentucky Resolutions and Marbury v. Madison are arguments based on how to Interpret the law
Loose construction-means that the federal government can take reasonable actions that the constitution does not specifically forbidStrict construction- people who favor strict constitution think that that federal government should do only what the constitution specifically says it can do The Loose Construction Theory is when federalists interpret the Constitution into things that are in favor of a stronger national government. There are limitations involved.
Yes, the second ammendment in the Constitution simply states that we should have "a well regulated militia"
the federal government should have strict interpretation of the Constitution. Previously, Jefferson had been a strict constructionist, believing that the federal government should only exercise powers explicitly granted to it by the Constitution. However, the Louisiana Purchase was not explicitly authorized by the Constitution, leading Jefferson to interpret the necessary and proper clause to justify the acquisition. This demonstrated his willingness to adapt his beliefs when necessary for the benefit of the country.
its ====>Interpret the reading
They did not rally expect the emergence of political parties. Parties came into existence with the disagreement over how to interpret the Constitution. Hamiltion believed that the Constitution be interpreted loosley. Jefferson and Madison belived that the Constitution should be interpreted as it was written. Follwers of Hamilton were Federalists and followers of Jefferson/Madison were Democratic-Republicans. These were the first political parties. They did not rally expect the emergence of political parties. Parties came into existence with the disagreement over how to interpret the Constitution. Hamiltion believed that the Constitution be interpreted loosley. Jefferson and Madison belived that the Constitution should be interpreted as it was written. Follwers of Hamilton were Federalists and followers of Jefferson/Madison were Democratic-Republicans. These were the first political parties.