Constitutional Interpretation Essay - 1012 Words

Constitutional Interpretation In this essay I will try to explain and critique the two dominant methods of constitutional interpretation. Which are originalism and non-originalism. I will do this by taking help from â€Å"How to Read the Constitution† by Christopher Wolfe, and different source’s from Internet. I will start by giving what Wolfe says originalism is, and then I will give some background to other ways to interpret the constitution, and the founders and interpretation and I will finish up with my view on originalism and non-originalism and the critics to that. Wolfe on Originalism Wolfe says that originalism is a two-fold doctrine. First, it holds that the constitution is generally intelligible and with effort its†¦show more content†¦Certain historical considerations are essential. The words are to be understood by those for whom they were written, and therefore we must know what those understandings where. Christopher Wolfe believes that the framers would tend to give preferences in such cases to the fair reading of the document itself. To summarize, the approach to constitutional interpretation employed in the early years of American government: an interpreter is to begin with the words of the document in their ordinary popular usage and understand the in light of their context. That context includes the words of the provision of which it is a part, but also extends to the much broader context of the document as a whole. The deeper assumption underlying these early rules of interpretation was a fairly traditional realist epistemology: that the constitution has a fixed, determinate meaning intelligible to those who give it a fair reading. Under modern assumption, a constitution is unavoidably made up or created by interpreters, to a greater of lesser extent, as they go along. The framers of the constitution, on the contrary, looked at the constitution as an intelligible fixed standard that made possible a republican rule of law, rather than of men. Literalism - Historical Historical literalists believe that theShow MoreRelatedThe Debate On Constitutional Interpretation1730 Words   |  7 Pagesdebate on Constitutional interpretation is far from a new one. For years, the argument over how the Constitution should be read has varied, from the strict textualist approach to the most lenient, the instrumentalist position. The Constitution has long been referred to in terms of being a living or dead document, and its interpretation has significant ramifications on this country’s legal climate. This paper will analyze and compare two different forms of Constitutional interpretation: originalismRead MoreThe View Of Constitutional Interpretation900 Words   |  4 PagesWhile I find the Originalist view of constitutional interpretation to be compelling and considered very carefully, I do not think it is enough to say that the Obergefell decision was incorrect because of the lack of democratic opportunity this issue was given prior to this case. I also think that Gallagher, Girgis, George, and Anderson all have valid points to why marriage should be between a man and a women with that it is better for children and it is not natural, there are issues to their argumentRead MoreThe Constitutional Interpretation Of The Constitution Essay1833 Words   |  8 PagesTraditional Originalism led the court as the method of constitutional interpretation until the late nineteenth century. Judges were compelled to interpret the Constitution based on the original meaning of the provisions. The Originalism view interprets the constitution line by line exactly as the founders would have found it. Later, during the early twentieth century, progressives in the legal community proclaimed that due to the changing social environment as time goes on in the nation, the politicalRead MoreThe Debate Over The Method Of Constitutional Interpretation1556 Words   |  7 PagesThe debate over the method of constitutional interpretation has passionate and conv incing rhetoric from both sides of the aisle. On one side, contenders of a loose interpretation argue that our understanding of the Constitution adapt with our society today and new developments that have been formed since it was first written. Conversely, strict constructionists argue that the interpretation of the Constitution must be based off of what is plainly written in the Constitution- nothing more and nothingRead MoreConstitutional Interpretation of Checks and Balances Essay1671 Words   |  7 PagesConstitutional Interpretation of Checks and Balances The problem of interpreting the Constitution and framer’s intent is a constantly permeating and troublesome question in the minds of Supreme Court Justices, judges, prominent politicians, and policy makers alike. It is a problem that has been pondered for years and years in the courtrooms and on paper with no real conclusion. One such essay arguing this dilemma is â€Å"How Not to Read the Constitution† by Laurence H. Tribe and Michael C. DorfRead MoreConstitutional Law Australia - Interpretations Essay4007 Words   |  17 PagesConstitutional Interpretation: Engineers’ Case and criticisms of Callinan J in the Workchoices’ Case. By Mark Walker Introduction In the dissenting judgment made by Callinan J in the landmark New South Wales v Commonwealth (â€Å"Workchoices’ Case†), a strong criticism was mounted against constitutional interpretation methods employed in the judicial forum. Explicitly, this conjecture was focused at Isaacs J’s judgement in Amalgamated Society of Engineers v Adelaide Steamship Co Ltd (â€Å"Engineers’Read MoreThe Constitution And The United Kingdom1678 Words   |  7 Pagesargument that many of the Acts that are currently on the statute book are constitutional laws, this can be noted in the case Thoburn v City Sunderland (2002) , where Laws LJ makes a distinctions between what he termed as ‘ordinary statutes’ and ‘constitutional statutes’. Similarly decisions of courts can also become a source of legislation, as can the legislative supremacy of parliament, A.V. Dicey, the British jurist and Constitutional theorist, described this as â€Å"the power of law- making unrestricted byRead MoreDiscuss and Analyse the Arguments for and Against Adopting a Codified Constitution in the Uk.1662 Words   |  7 Pagesintroduced it would significantly affect the power of government, the relationship between the executive and Parliament and the relationship between judges and politicians. One argument is that a codified constitution would make rules clearer. Key constitutional rules are collected together in a single document; they are more clearly defined than in an ‘unwritten’ constitution where rules are spread across many different documents. There is a lot of uncertainty in an uncodified constitution particularlyRead MoreA New Approach to Statutory Interpretation1687 Words   |  7 PagesAssignment 01 Introduction The enactment of both the interim and final Constitution ushered in a new approach to statutory interpretation. In this essay I argue that the statement made by the court in Daniels v Campbell 2003 (9) BLCR 969 (C) is true. The interpretative approach adopted by South African courts pre-1994 Statutory interpretation pre-1994 lacked a single theoretical starting point. There was no single methodology that was applied to interpret legislation. Consequently the process ofRead MoreThe Abolition Of The Monarchy Affect New Zealand s Constitutional Structure1750 Words   |  7 PagesWord Count: 2036 words How would the abolition of the Monarchy affect New Zealand’s constitutional structure? Abolishing the Monarchy in New Zealand would inherently call into question the issue of constitutional reform. New Zealand would need to consider having a written constitution. In this essay the focus will be on ‘Independence and a Written Constitution’ in relation to steps that may need to occur for New Zealand to become a Republic. I will reflect on the use of the word ‘may’ briefly as

Essay on Arthur Millers A View From the Bridge - 1160 Words

Arthur Millers A View From the Bridge Manliness, Hostility and Aggression are all important in A view from the bridge where Eddie Carbone plays the main character he is a longshoreman working on the Brooklyn docks in New York. He tries to keep his status as the man in his household. He is very hostile towards Rodolfo because he thinks he is a homosexual. Marco knows Eddie feels this way about Rodolfo and is unhappy that Eddie feels this way about a member of his family. This creates aggression from Marco throughout the play and results in various conflicts between himself and Eddie in which Marco demonstrates his masculinity over Eddie this makes Eddie feel threatened and insecure. Eddie has many different things that†¦show more content†¦Marco challenges Eddie to lift a chair by the bottom of the leg. Eddie fails. Marco succeeds and holds the chair above Eddies head as if he was going to hit him with it. This moment of tension between them shows Marcos hostility towards Eddie and is a warning to Eddie for him to leave Rodolfo alone. Eddie does not approve of Rodolfo and Catherines relationship because he does not think Rodolfo is manly enough. Eddie thinks and says the guy aint right and the guy is no good he says these things when he is talking to Alfieri. Eddie asks Alfieri what he can do to stop Rodolfo and Catherine getting married but when Alfieri tells him there is nothing he can do Eddie has to resort to calling the immigration bureau. This shows how threatened he feels by Marco and Rodolfo. The longshoremen and Eddie discuss Rodolfo and give him names such as paper doll because that is the name of the song he sings and the longshore men think he sounds like a woman. Marco conforms to Eddies theory of what it means to be manly by the way he works hard and looks after his family and is quite similar to Eddie. Also when Eddie says no-one fools Marco this gives the impression that Marco is well accomplished at dealing with complicated situations and no-one is going to mess him around. Also at the end of act one Marco challenges Eddie to liftShow MoreRelated Arthur Millers A View From the Bridge Essay1009 Words   |  5 PagesArthur Millers A View From the Bridge Today hostility is viewed upon as wrong, when A View From the Bridge was written, hostility made up part of the day-to-day running of people in this era. Today women are treated as equals and any discrimination is taken incredibly seriously, in the time the play written, women had very few rights and were constantly stereotyped and abused. Manliness, hostility and aggression play an important role in the play, A View From the Bridge. Each characterRead MoreEssay on Arthur Millers A View From the Bridge909 Words   |  4 PagesArthur Millers A View From the Bridge A View From The Bridge is set in early 1950s America at a time when it was very common for illegal crime syndicates to transport illegal immigrants into America for large sums of money. It is based around a small family who decide to have two of their relatives imported from Italy so they can try and make some money for their poor families back home. The play covers many issues including aggression, hostility and the trueRead MoreArthur Millers A View from the Bridge Essay2309 Words   |  10 PagesArthur Millers A View from the Bridge A View from the Bridge is a story of Eddie Carbone an Italian longshoreman working on the New York docks. He is an immigrant who has worked hard to bring up his wifes niece, Catherine. His wife, Beatrice, is close to Eddie but the relationship between them is not good as they have been through a bad patch and have not had sex for some time. Eddie is too close to Catherine and is over protective about her. He loves her likeRead More Symbolism in Arthur Millers A View from the Bridge Essay741 Words   |  3 PagesIn Arthur Miller’s tragic drama, ‘A View from the Bridge’, we see that the bridge itself is a symbol of the linking of two cultures, Italian (namely Sicilian) and American (namely New York), whereby the manifestation of these two cultures dwell in Red Hook, Brooklyn. Despite this, differences between the two are distinctly evident from page 17 to 18, and it is the purpose of this essay to discuss how Miller conveys these differences in the given pages. Miller uses language effectively in this playRead MoreTension in Arthur Millers A View From the Bridge Essay1778 Words   |  8 PagesTension in Arthur Millers A View From the Bridge In â€Å"A View From the Bridge†, Arthur Miller explores a variety of themes in the relationships between the main characters in order to build tension for the audience. Firstly, through Eddie’s talk with Alfieri, we can see that he is jealous of Rodolfo’s relationship with Catherine, and his eventual loss of authority in his own house leads to anger and a desire to once again become the stereotypical alpha male. This createsRead MoreEddies Death in Arthur Millers A View From the Bridge Essay examples1237 Words   |  5 PagesEddies Death in Arthur Millers A View From the Bridge Arthur Miller described this play as being the slum that faces the bay on the seaward side of Brooklyn Bridgeà ¢Ã¢â€š ¬Ã‚ ¦the gullet of New York Arthur Miller was born on October 1915, in New York City. His parents were both immigrants to the USA. Millers family lived in prosperity due to the success of his fathers clothing manufacturing business. However as the clothing manufacturing collapse, the family became bankruptRead More The Character Alfieri in Arthur Millers Play, A View From the Bridge1055 Words   |  5 PagesArthur Miller, in his play A View from the Bridge, gives a different perspective of the story by focusing on the character Alfieri who makes the audience understand the real side of the play. Alfieri is a well educated lawyer who follows and respects the American law, but is still loyal to Italian ethnicity. In A View from the Bridge Alfieri is equivalent to the chorus in a Greek tragedy, meaning he introduces the play and narrates the story in flashback. He explains the events on the stage toRead More Eddie Carbone in Arthur Millers A View From The Bridge Essay2453 Words   |  10 Pageslead role in â€Å"A View From The Bridge†, changes among the audience. I plan to go through the script and note any important scenes which I will then analyse in the audience’s perspective. A View From The Bridge is a play written by Arthur Miller in 1955, which was originally arranged in rhymes but later was changed. Miller has written the play in conversational Brooklynese, for example, â€Å"nuttin’† and the spelling of many words end with apostrophes. In A View from the Bridge, Miller describesRead MoreCharacter Analysis of Willy Loman From Arthur Millers A View From the Bridge3092 Words   |  13 PagesCharacter Analysis of Willy Loman From Arthur Millers A View From the Bridge Arthur Miller introduces us to the character of Willy through the stage directions at the start of the play. Our first impression of Willy is that of an old, tired, hardworking man who gets home after everybody is in bed. We then learn that he has mood swings and massive dreams. As soon as Willy enters the house we get the feeling that something is wrong with the fact that he is home, asRead MoreTension in Eddies Relationship with Catherine in Arthur Millers a View from the Bridge1741 Words   |  7 PagesA View from the Bridge reflects Millers background in terms of its setting, plot and context. Miller was born in New York City in 1915. The son of two immigrants, he lived in prosperity until the American Economic Crash, in which his fathers business collapsed, causing deprivation to the whole family. They lived in Brooklyn, the setting of A View From the Bridge and Miller found himself interested in the work of longshoremen in the harbour, many of whom were exploited by their

My Best Life Trip Free Essays

In 2007 our trip to Jordan was very exciting . I remember it as if it happened yesterday. It was a few years ago with my friends , and it was the best trip of my life. We will write a custom essay sample on My Best Life Trip or any similar topic only for you Order Now I remember flying to Jordan by Gulf Air . When we arrived Amman, the capital of Jordan at Queen Alia International Airport , the weather outside the airport was very nice and drizzling.We had already booked with the travel agency in Oman for a flat in a place in Amman called (Alrasheed suburb) one of the busiest tourist locations in Jordan during summer, perhaps even busier than the infamous (Dead sea beach resort) because the infrastructure there is new (new malls and theme parks ) and also from there you can go to Syria by car . In fact we are lucky because the flat we rented was near the Omani student club in Jordan. Amman hosts a huge cultural festival each year and fortunately at the time we arrived the next day the festival started.Jordan has a lot of historical locations attracting all kinds of people, whether they are children, adults, citizens, or foreigners. You wondered how a non-oil rich country like Jordan is so well organized . On the first day we took rest and made a schedule for out trip. The same day at night we went around in Amman malls , sitting in a traditional restaurants that present old folklore session with delicious variety of food and people there were so friendly and hospitable .In the morning we went to visit historical places like (Grash Theater ). When we reached there and saw that place we were surprised to see how old it was and we found there a lot of entertainment . Second day at night we went to the festival and attended the concerts of Arab singers who enjoy the crowd with their songs . After that we take around in the festival locations to see other activities and know Jordanian culture.Third day we decided to visit (Alpetra City) , so we rented a taxi and went there , far from Amman taking four hours . Its a beautiful historical place and we wondered how a human can build and carve a city in a mountain like that. We enjoyed our time there and took souvenirs with us . The day before we left we rented a car and went to see the Dead sea beach. The trip by car took around five hours but we enjoyed that because we learned how to use the GPS and that was our first time . We arrived and it’s a huge splendid resort .We ate our lunch on the warm sand and regardless that no one of us can swim but we swim in that sea because it’s water salty and no one can drown there. The days passed like hours and our trip reached its end , but we gained a lot sightseeing and knowing the country’s customs and traditions and mingle with different people ,besides that we learned how to depend on ourselves . Finally we departed from Jordan to Oman with big treasure of experience mixed with pleasure . It is a place one must visit at least once in their lifetime. How to cite My Best Life Trip, Essays

Julius Caesar, William Shakespeare Essay Example For Students

Julius Caesar, William Shakespeare Essay Julius Caesar is a famous play written by the respected William Shakespeare in 1599. The drama is based on real events concerning the assassination of Julius Caesar, the Roman dictator, on March 44 BC. It is an epic tale about a Roman tragedy. My main aspect within this essay is to emphasise on how Antony manipulates the Roman plebeians by giving a speech after Caesars death which is the core of the play. He is left with a daunting task due to the highly persuasive speech which Brutus delivers prior to him. Julius Caesar is about power, fear of dominance, betrayal and conspiracy. It portrays the time in which the Romans dominated the world. Caesar returns from the battle field ending a civil war between his forces against Pompeys forces who was the current emperor of Rome at that time. Julius Caesar was feared by many after his victory over Pompey. The demolition of Pompey meant that Caesar would be the new emperor. It was his arrogance which leads him to his death. He is warned by his wife and the soothsayer about the possibility of his assassination but due to his ignorance he fails to understand that he is a target for many. He ignores their advice not knowing what his destiny will be. His arrogance leads to the fear of his dominance and many are appalled by the fact that he has become the new emperor and refuse to accept this. This is due to the fact that they believe he will become a tyrant if he is to have power to such an extent. The initial people who reacted to this were Flavius and Marullus. They warned the fickle plebeians about Caesars potential of becoming a tyrant. Subsequently they were instantly assassinated. This created many reasons for a conspiracy to kill Caesar. The conspirators who planned to kill Caesar were Marcus Brutus (Caesars dear friend), Caius Cassius, Decius Brutus, Metellus, Cinna, Casca and finally Trebonius. Marcus Brutus Caesars dearest friend is the leader of the conspirators. Hes a patriotic Roman citizen and values nothing above his love for his nation. Cassius persuades him to join the conspiracy and due to his agreement in the belief of Caesars potential of becoming a tyrant and that the Romans are to become slaves without freedom if Caesar were to be crowned he decides to join Cassius and his companions. Cassius uses Brutus love for Rome as a key to make him join the conspiracy because hes realised that that Brutus has love for Rome to such an extent that he would be prepared to kill his dear friend Caesar for the good of Rome. The conspirators needed someone wise and of high knowledge. They found these qualities in Brutus therefore they gave him the authority to be their leader. Eventually they succeed in their objective as they manage to kill Caesar on the day that he was to be crowned at the senate house. This built up tension between the plebeians as they were curious about the murder and why it occurred. Brutus calms the atmosphere immediately by delivering a powerful speech and concluding it with the mistakeby letting Antony speak which leads him to his death further in the play. He uses clever manoeuvres to persuade the crowd in order to retain his innocence. He talks about the importance of Rome and how Caesars dominance wouldve affected it dramatically. Not that I loved Caesar less, but that I loved Rome more (Act 3 scene 2) Brutus gains the crowds belief that Caesar was to become a tyrant if he were to become the emperor of Rome as he is highly persuasive with his speech. He gives the crowd the impression that he was a great friend of Caesar and that he mustve had a major reason to kill him if he was acquainted with him to such an extent. He further emphasises on how Caesars dominance wouldve lead to slavery and a state without freedom. Had you rather Caesar were living, and die all slaves, than that Caesar were dead, to live all free men?(Act 3 scene 2) He uses this to create a scenario within the minds of the plebeians making them think about the possible future if Caesar was to live. He gains there trust and their agreement in the murder of Caesar by using these clever techniques. The people are stunned and are left with a lot of thoughts to consider. What Brutus mentions during his speech is unimaginable to the Roman citizens and to its effect they have no objections and start believing Brutus and praising him to such an extent that what initially was believed to be a vicious act had turned into a praiseworthy achievement due to Brutus ability to persuade and manipulate the crowd. Let him be Caesar! (Act 3 scene 2) This is the reaction of a Roman citizen after Brutus speech followed by another citizen saying: Caesars better parts shall be crowned in Brutus (Act 3 scene 2) Brutus knows that the Romans are fickle therefore he uses this weakness as a key to persuade them. He is now respected an honoured by the people and has proven himself to be innocent as he has gained the trust of the citizens. Now Antony arrives at the location with the realisation of the knowledge that he is left with a daunting task if he is to turn the crowd against Brutus. Instantly after Caesar was killed Antony was present and was devastated by seeing Caesars dead body. He shook hands with the conspirators indicating that he will take revenge on each of them one after the other. Brutus doesnt kill Antony because he considers the risk of people acknowledging that his plan would seem too bloody. Additionally it would make his task much more difficult in proving himself to be innocent to the plebeians. Antony also didnt seem like a threat to him. When Antony arrives at the scene he carries Caesars dead body and lays it down to express his love for Caesar and displaying to the crowd how horrifically he was killed. It shows his devastation about Caesars death. He uses the body as a base to indirectly challenge Brutus because hes showing that hes aggrieved by Caesars death and wants a chance to express his feelings. Romeo and Juliet Character EssayInitially Antony is talking about the good of Rome, but as he attains the crowds interest his method changes. His aim is to manipulate the crowd in order to demolish Brutus. As Antony smoothly continues his speech he builds up the tension by mentioning something which entices the crowd to listen to him with full attention. He uses a clever manoeuvre to turn the situation around. He pretends that Caesar had left a will behind for the citizens of Rome. The crowd becomes hyper by this statement and is eager to hear more about it and command Antony read out the will immediately. But heres a parchment with the seal of Caesar; I found it in his closet; tis his will (Act 3 scene 2) Which, pardon me, I do not mean to read (Act 3 scene 2) I have oershot myself to tell you of it (Act 3 scene 2) Here we can obtain that Antony uses Caesars will as a method to resurrect Caesars innocence after the crowd believed he was guilty due to Brutus persuasive words. However Antony is clever and keeps the crowd in suspense; he tells them that he will read out the will but that he has already gone beyond the limit simply by just telling hem about the will which the crowd appreciates yet they are impatient to hear it. Their impatience of hearing the will shows how clever Antony was to use the will in order to make the people go mad and make them think that Caesar loved them immensely. This is the turning point in the drama. Antony now takes full command of the scenario and has persuaded the people to believe that Caesar was innocent and a man of high essence. Here Antony has fulfilled his objective due to the immaculate techniques he used. He has laid out a foundation for himself on which he can now stand and be assured that he can take his revenge on the conspirators. He becomes successful in his speech as we can see. They were traitors. Honourable men! (Act 3 scene 2) Here a plebeian reacts to Antonys persuasive words. The situation turns into a chaos as it is clear that Antony has become successful in his task. It was Antonys determination and motivation that made the people turn against Brutus. Brutus underestimated Antony and was unaware of Atonys skills and that was a key point to Antonys success as he took advantage and redeveloped the entire scenario to his will. The plebeians decide to rebel against Brutus as they are outraged by the facts mentioned to them by Antony. O piteous spectacle! O noble Caesar! O woful day! O traitors, villains! O most bloody sight! We will be revenged. Revenge! About! Seek! Burn! Fire! Kill! Slay! Let not a traitor live! (Act 3 scene 2) This is the crowds reaction to Antonys speech. He has gained total control of the scenario and has now encapsulated the support of the plebeians. He has all the force and ability to take revenge on the conspirators. He has been successful by using his phenomenal skills to turn plebeians who are fickle yet still hard to convince against the conspirators. Conclusion To conclude I would like to emphasise on the immaculate techniques used by Antony within his speech. Every step he takes has a goal and an achieved target. He arrives with Caesars body to show how severe his wounds are to indicate to the people how viciously he was killed. The turning point in his speech is when he mentions Caesars will despite the fact that he made it up. At this stage he had already gained the crowds attention and this kind of statement would settle his position as a person demanding for revenge. The vital dramatic pauses which Antony uses during his speech had a great effect as it gave him time to read the mood of the crowd enabling him to continue his flurry of persuasive techniques according to the current mood of the crowd. He acts humbly like an average Roman plebeian to show he is on the same level as the people. A fine example of this is: Will you give me the leave to speak? (Act 3 scene 2) He mentions this to assure the crowd that he wants them to allow him to speak as he only wants to express his feelings even it though was Brutus who appointed him to speak. Yet in order to make the people eager to listen to him he asks for their permission. Antony is an expert at building up the tension during his speech as he holds the crowd back three times from leaving and vandalising the surroundings. He uses repetition when he uses the word honourable several times to build up the irony that these men are praiseworthy and honourable yet they have committed such a horrific act. It is significant to analyse these techniques and obtain that contemporary politicians at present also use similar skills in order to attain the citizens attention. Many use repetition like Antony did in order to emphasise on a negative or positive point to express their views about something with the hope of gaining the support of the citizens. Many politicians give speeches in similar fashion to Antony. Initially they express general points on which anyone would agree and as the speech flows successfully they gradually gain support and then fully express their views as the support increases. All the sublime techniques which Antony uses are a key to his success and after winning the civil war he has avenged Caesars death and brought an end to this epic tale of drama.