Question
What is the original intent original intent and the united states constitution?
TEXTBOOK / READING
Barton, David: Original Intent. The Courts, The Constitution, and Religion. Wallbuilders, 1996.
Danoff, Brian and L Hebert Jr.: Alexis de Tocqueville and the Art of Democratic Statesmanship. Lexington Books, 2011.
Garraty, John: Quarrels That Have Shaped The Constitution. Harper & Row Publishers, Inc., 1987
Solution
Original Intent and the United States Constitution
Some judges fail to apply the theory of original intent in a faithful and uniform manner. However, applying this judicial philosophy is the only way courts can be bound by the law and not the views of what is desirable to an individual (Russo, 2017). Generally, those who apply this theory agree that in order to preserve the representative democracy that the Founders ensured through the Constitution, the courts must apply original intent (Garraty, 1987).
Moreover, I agree that originalists attempt to provide such guidance by arguing that the legal interpretation of numerous written documents entails a form of communication in which the author tries to share a given message with the reader. The same case applies to the Constitution, where originalists argue that in court, the judges as the readers should understand and interpret the meaning of the constitutional provision as meant by the Framers and ratifies who wrote it (Levy, 2000). According to originalists, Courts that fail to apply this theory transform into naked power organs (Barton, 1996)…………for help with this assignment contact us via Email Address: consulttutor10@gmail.com