Saturday, June 8, 2019
Reading the Constitution Essay Example for Free
Reading the Constitution EssayIn their essay, How Not to Read the Constitution, Lawrence Tribe and Michael Dorf describe the moods the Constitution has been interpret by different people. Tribe and Dorf understand it clear that the idea that the Constitution should be interpreted establish on what the framers original intent was is not the way to read the Constitution, it takes much more than that. Tribe and Dorf also explain that justices do not interpret the Constitution in a way that would please the readers (the people) on purpose, because if that were so then the authority of the Constitution would lose all legitimacy if it really were only a mirror for the readers ideals and ideas (p. 49).This means that people have the tendency to interpret the Constitution found on their own beliefs. Also, the justices themselves have their own beliefs and their own interpretations of the Constitution, but they should not come up with a last based solely on their own opinions. The e xact way to read the Constitution is indefinable, therefore in their essay, Tribe and Dorf instead described how not to interpret it and implied that justices should make wise decisions that are not entirely based on their own beliefs, the original intents of the framers made generations ago, or the expectations of the public now.In the case Planned ancestry of Southeastern Pennsylvania v. Casey, Planned Parenthood was challenging a Pennsylvania law that placed some restrictions on abortion. Many opponents of abortion hoped that the Supreme motor hotel would use the case to strike down the decision made in Roe v. Wade, which states that a state ban on all abortions is unconstitutional. The bulk of the appeal voted not to do so. This is a good case for providing insight into the way justices interpret the constitution and make their decisions.Justice of the Supreme Court Sandra Day OConnor wrote the volume opinion for the case. The majority voted not to overrule the decision made in Roe v. Wade. OConnor wrote on behalf of the majority and wrote in the opinion that the master(prenominal) reasons for this decision were based on the principle of stare decisis and the fact that the cases central ruling is workable for the states and does not come at odds with other authors. Also, OConnor wrote that the word liberty from the recital no state shall deprive any person of life, liberty, or property, without due process of law, (the DueProcess Clause of the ordinal Amendment) includes a womans right to an abortion. Thus, the precedent decision made in the case Roe v. Wade that deals with the rights to and restrictions on abortion still stands.Justices William Rehnquist and Atonin Scalia each wrote dissenting opinions about this case. In Rehnquists dissenting opinion, his main point upon which he dis halts with OConnor is that the right to an abortion is not fundamental. By this statement Rehnquist means that the word liberty in the Due Process Clause of the Four teenth Amendment does not encompass the right to an abortion because the right to an abortion is not implicit in the concept of ordered liberty. Thus, he does not agree with the majority opinion. Scalia disagreed with OConnor and the majority about roughly the same point Rehnquist described in his dissenting opinion. The difference in Scalias opinion is that he believes there is no nous that the right to an abortion is a liberty, but he states that it is not a liberty that is protected by the Constitution.Out of these three justices, Sandra Day OConnor would most agree with Tribe and Dorfs essay about how to read and interpret the Constitution. I believe she would be in agreement with them because unlike Rehnquist and Scalia, it seems that she interpreted the Constitution not by what she thought the framers originally meant, but by what she thought would do some good in the future. She also made it clear in her writing that the decision by the majority was not made based on the jus tices individualized beliefs. She shows this in the majority opinion she wrote, the stronger argument is for affirming Roes central holding, with whatever degree of personal reluctance any of us may have, not for overruling it.