Which approach do you generally favor and why

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Assignment

In this module you have reviewed the basics of the United States Constitution. The Constitution is the foundation of American law. The United States Supreme Court through its role of judicial review has been asked to interpret the Constitution and apply it to changing times and new situations.

Many of the most important issues in our nation are ultimately shaped by the Constitutional interpretations of the Supreme Court. Different ideological wings of the Court have adopted different general judicial philosophies in their interpretation of Constitutional issues.
Some judges rely chiefly on the text of the Constitution itself. This textual approach looks to the plain language of the Constitution itself in making judicial decisions. The opposite approaches are the various schools of thought that view the Constitution itself as a, "living document," which should change and evolve over time with society even if the document itself is not amended.

Consider this brief discussion of the two different philosophical approaches:

Article: Original Intent or Evolving Constitution? Two Competing Views on Interpretation

Consider these philosophies in light of some of the current issues discussed in this and other Modules and that appear in current events. Which approach do you generally favor and why? Your initial response should identify at least one current Constitutional issue or famous case and state which approach you believe the Court was adopting in reaching its decision. You may cite to a news article on the issue or case you identify so you do not have to restate the background of the case.

In crafting your posts, you may want to address some of the following questions- Do you think the court's decision political or based on some clear legal idea? Will the decision have positive or negative consequences? Why and for whom? If you believe the case was wrongly decided, explain why. Is there an approach to Constitutional interpretation that you favor? If so, why?

Reference no: EM133479185

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