The first is Literalism, which insists upon a strict interpretation of the actual words used in the Constitution.
The second is the Intent of the Framers, another technique that seeks to explain what the Framers at the time were trying to achieve in writing the constitution.
The third is the Balancing of Interests, which is a technique that helps balance the Individualism and the Communitarian specter of the Constitution.
The fourth and last one is the Stare Decesis, Latin for previous decision stands, is another technique of interpretation that remains useful in that the judge looks for precedents which resemble current controversy, finds the rule of law that was used in those cases, and applies it to the present case. In short, it is referring to the previous cases that were solved, this helps insure an incremental change in law rather than radical.
Redo the hold constitution, Add prayer in the new constitution, bring all of the constitution up to the 21 centuryand Add that people must have self respect for themselves and others..
Yes, you can interpret it 2 ways.
By amending or using implied powers βΊοΈ
constitution
"...While there are advantages to an unwritten constitution, the disadvantages include no limitations on the legislative body, an unclear division of the powers of government and the possibility of devolution."
Domestic affairs: 1. The forming of the Bank of the United States 2. The Whiskey Tax 3. Broadly interpreting the Constitution versus narrowly interpreting the Constitution Foreign Affairs 1. Establishing alliances with Britain (Federalists) or France (Republicans) 2. The XYZ Affair with France 3. The failure of the Jay Treaty with England 4. The surprising Pinckney Treaty with Spain 5. British and French impressment of American sailors--do we go to war?
Constitutional convention, By the legislative and voter initiative.
This would depend entirely on which state is involved. For some states, the legislature and governor can amend the constitution, or the people can amend it with an initiative. Each state has its own process.
The amendment process makes sure the constitution can change and adjust to needs and new issues.
there are four principals of design (if that is the same as what you are looking for) they are: Contrast, Repetition, Alignment, and proximity.
constitution
supreme courtThe government body responsible for interpreting the United States Constitution is the federal courts of the Judicial Branch.
The Supreme Court
The judicial branch.
Hamilton was loose, whereas Jefferson was strict in interpreting the Constitution.
The Supreme Court settles questions about interpretation of the US Constitution.
Living constitution theory is a method of interpreting the Constitution that emphasizes the principles it embodies and their application to changing circumstances and needs.
the courts -PrinceBlast
It was a person who believed in the original intent of the founders and the Constitution. Instead of interpreting it in new ways, as a loose constructionalist does, a strict constructionalist usually reads in word and words and interprets it as it clearly states.
Implied Powers