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The operative word in the question is "interpretation". That is, the Constitution is a static document in terms of the words that were used by its drafters.
There exist those who are often called "strict constructionists", who believe that little more should be read into the words of the Constitution than appear. This is particularly true when it comes to the severe limitations that the Constitution places on the encroachment of the Federal government into State authority and into individual freedoms.
This is in contrast to those who believe that the Constitution was intended to be more elastic, creating only a general outline of our government and rights. This group tends to think that the Drafters recognized a need for more of an organic Constitution that would accommodate a changing country and politic. As such, it welcomes an activist judiciary, and often advocates for positions, rights, entitlements, and prohibitions that, although not specifically provided for in the Constitution are thought to come under an elastic "penumbra".
To the extent that it is the function of the judiciary, and particularly, the United States Supreme Court, to ultimately interpret constitutional provisions, it might be said that judicial interpretation "changes the Constitution".
Wiki User
∙ 13y ago
Wiki User
∙ 11y agoThe Elastic Clause provides the primary tool for current law proposals to be considered. The purpose was that our founding fathers knew that technology and society would grow which would require laws to be established that would be more specific than they could foresee.
Wiki User
∙ 11y agoit interpreted it
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Do you think an advocate of judicial restraint would support a narrow interpretation of the constitution or a broad interpretation?
An advocate of judicial restrain would support a narrow interpretation of the Constitution, one that adhered closely to the language of the document and his or her belief about the Framers' original intent. Interpretive ideologies such as textualism, "strict constructionism," and originalism are most often associated with judicial restraint. Contextualism, which attempts to infer intent from content, may also result in judicial restraint; however, the degree of subjectivity implicit in this method can also lend itself to judicial activism.
How can the US Constitution be changed?
It can be changed by the three ideas of Flexibility: The Elastic Clause, The Amendment Process, and Judicial Interpretation.
What is flexible interpretation?
flexible interpretation, also known as judicial activism, is a way of viewing the constitution that shows judges as trusted individuals who sometimes inject their personal beliefs and opinions when making judicial decisions rather than interpreting the constitution by its original intent. many left leaning justices of the supreme court employ the use of flexible interpretation because of its allowance of personal thoughts and beliefs having an effect on judicial rulings.
Witch article of the constitution address the judicial branch of the government?
Which artical of the constitution adresses the judicial branch of goverment
What are the 3 principles of judicial review?
# The Constitution is the supreme law of the land # When there is a conflict between the constitution and any other law, the Constitution must be followed # The judicial branch has a duty to uphold the Constitution
Strict construction of the Constitution?
Legal philosophy of judicial interpretation.
What is the judicial view and how does it change the constitution?
The members of the judicial service comision
What is the government branch that interprets the constitution and shapes the law?
The judicial branch is tasked with the interpretation of the law.
What is the responsibility of the judicial?
The duties of the Judicial Branch are to decide on the meaning or interpretation of the Constitution and laws. The Judicial Branch protects individual citizens from mistreatment by other branches of government.
What is it called when the Supreme Court has the power to say that a law goes against the Constitution?
all i know is that it has to do with the judicial branch
Do you think an advocate of judicial restraint would support a narrow interpretation of the constitution or a broad interpretation?
An advocate of judicial restrain would support a narrow interpretation of the Constitution, one that adhered closely to the language of the document and his or her belief about the Framers' original intent. Interpretive ideologies such as textualism, "strict constructionism," and originalism are most often associated with judicial restraint. Contextualism, which attempts to infer intent from content, may also result in judicial restraint; however, the degree of subjectivity implicit in this method can also lend itself to judicial activism.
How can the US Constitution be changed?
It can be changed by the three ideas of Flexibility: The Elastic Clause, The Amendment Process, and Judicial Interpretation.
What is flexible interpretation?
flexible interpretation, also known as judicial activism, is a way of viewing the constitution that shows judges as trusted individuals who sometimes inject their personal beliefs and opinions when making judicial decisions rather than interpreting the constitution by its original intent. many left leaning justices of the supreme court employ the use of flexible interpretation because of its allowance of personal thoughts and beliefs having an effect on judicial rulings.
What are the four ways the us constitution was developed since 1789?
Through the development of usage, judicial interpretation, statue, and amendment
When was slavery abolished in Massachusetts?
Massachusetts was the first U.S. state to abolish slavery, in a 1783 judicial interpretation of its 1780 constitution.
Informal methods of amending the Constitution include?
Technology Increasing demand on policy makers Changing political practice Judicial interpretation
What are Roles of the State Judicial Branch?
state supreme court appellate court
