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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.
What else can I help you with?
Disadvantage of unwritten 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."
What are three ways changes to the state Constitution can be proposed?
Constitutional convention, By the legislative and voter initiative.
What are two ways of amending the state constitution?
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.
In what 3 ways did the confederate constitution differ from the U.S. constitution?
The Confederate Constitution explicitly protected the institution of slavery, ensuring that it could not be abolished, while the U.S. Constitution allowed for the possibility of amendments regarding slavery. Additionally, the Confederate Constitution emphasized states' rights more strongly, limiting the central government's power compared to the U.S. Constitution, which aimed for a stronger federal authority. Lastly, the Confederate Constitution included a one-term limit for the president, contrasting with the U.S. Constitution, which permits re-election.
In what two ways does congress make informal changes to the constitution?
Congress can not make informal changes to the constitution. The only ways that the constitution can be changed is if 2/3 of the states ratify the change, or a constitutional convention takes place.
Which of the following ways of interpreting the constitution regularly so that it continues to evolve?
The amendment process makes sure the constitution can change and adjust to needs and new issues.
What are the 4 ways of interpreting designs?
there are four principals of design (if that is the same as what you are looking for) they are: Contrast, Repetition, Alignment, and proximity.
The government body responsible for interpreting the Constitution is the?
supreme courtThe government body responsible for interpreting the United States Constitution is the federal courts of the Judicial Branch.
Questions about interpreting the Constitution are finally settled by ______________.?
The Supreme Court
What Questions about interpreting the constitution are decided by which branch of government?
The judicial branch.
What is the Living Constitution Theory?
Living constitution theory is a method of interpreting the Constitution that emphasizes the principles it embodies and their application to changing circumstances and needs.
How did Hamilton and Jefferson differ in their interpretation if the constitution?
Hamilton was loose, whereas Jefferson was strict in interpreting the Constitution.
Questions about interpreting the constitution are finally settled by what court?
The Supreme Court settles questions about interpretation of the US Constitution.
Which of the following affects the constitution by applying and interpreting legal cases?
the courts -PrinceBlast
What are four ways the US Constitution has been developed and example for each?
By Usage. By Judical Interpretation. By Statute. By Amendment.
What was a strict constuctionists?
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.
How do judges decide what the Constitution means when interpreting legal cases?
When interpreting legal cases, judges decide what the Constitution means by examining the text of the Constitution, historical context, previous court decisions, and the principles of justice and fairness. They aim to apply the Constitution's principles to the specific facts of the case to reach a fair and just decision.
