Thursday, June 4, 2020

From SCOTUS: The Court and Constitutional Interpretation

An inside look at how the court interprets the Constitution. Hint: There is no  one way. Each justice has their own approach. Remember the terms originalist and pragmatists.

- Click here for the article

.  . . it is evident that constitutional interpretation and application were made necessary by the very nature of the Constitution. The Founding Fathers had wisely worded that document in rather general terms leaving it open to future elaboration to meet changing conditions. As Chief Justice Marshall noted in McCulloch v. Maryland, a constitution that attempted to detail every aspect of its own application "would partake of the prolixity of a legal code, and could scarcely be embraced by the human mind. . . . Its nature, therefore, requires that only its great outlines should be marked, its important objects designated, and the minor ingredients which compose those objects be deduced from the nature of the objects themselves."