ipl-logo

Compare And Contrast Edwin Meese And William Brennan

774 Words4 Pages

We value the Constitution because it is the document which has governed our country for over 200 years. In it we find principles, ideals and laws that have guided our society and our government. Specifically, the duty of the judicial branch includes interpreting laws based on what the Constitution says. Today, there is debate about the way in which the Court should interpret the Constitution. Edwin Meese and William Brennan are two leaders with differing views concerning the role of the Constitution in government today. Both of them spoke about the intent of the framers of the Constitution and the way in which we should use their original theories.
During his Speech to the Federalist Lawyer Society, Meese, a former Attorney General of the United States, argued for “originalism” which means that judges should seek and apply the founder’s constitutional understanding as they decide cases. …show more content…

However, after careful consideration I decided that I prefer Meese’s method of applying constitutional principles. I made this decision because I believe that the methods of interpretation Brennan described will lead America to change the foundation on which it was based. America was based on principles of freedom, limited government, checks and balances and so on. Brennan believes that egalitarianism will lead to true equality and equal opportunity. I believe that the principle of egalitarianism has and will continue to take away the rights of individuals. For example, in today’s society if I believe that homosexuality is wrong and do not openly support it I am deemed as one who believes that homosexuals do not have rights. I believe that the framers of the Constitution clearly outlined principles that oppose the effects of egalitarianism. I also believe that the justice system should not be making decisions concerning the personal lives of individuals unless those individuals infringe upon the rights of

Show More
Related

Pros And Cons Of A Living Constitution

1538 Words | 7 Pages

The notion of a living Constitution has greatly developed the American system. It has brought innovative perspectives on how the courts should be responding to constitutional situations. As well, it creates a basis for society to grow through means of acceptance and progressive viewpoints. The constitution should not be used to fit policy outcomes, and that would be the intent originalists seem to push for. Furthermore, there are two distinct reasons why the argument for the living constitution is stronger then the argument for the original intent.

Read More

Us Constitution Outdated

1367 Words | 6 Pages

The constitution of the United States is an insightful and revolutionary idea of how a government should be practiced in order to prevent a greedy, corrupt form of government from establishing and taking over its people. The US government is founded on the principle that it works for its people, meaning that whatever is legislated is meant only for the benefit of the American people. However, the Constitution is at this point flawed due to the fact that many of its proclamations are vague and outdated, and has to be left to interpretation as to what the framers truly intended of it. This is dangerous because it further divides the nation when Americans believe in different forms of what is constitutionally righteous, and this may start a civil

Read More

Edwin Meese III Analysis

131 Words | 1 Pages

Edwin Meese III held quite a different view as compared to that of William Brennan. Meese held the opinion of strictly following exactly what is stated in the Constitution of the United States, otherwise known as fidelity. In his essay he focuses on fidelity often. Edwin Meese portrays his belief in his essay as he quoted Justice Joseph Story, “The First and fundamental rule in the interpretation of all instruments is, to construe them according to the sense of the terms, and the intention of the parties.” (Meese).

Read More

William Brennan's View On The American Constitution By William Brennan

362 Words | 2 Pages

Brennan believed that all important reading such as the Constitution require the reader to go much more in depth rather than to just scratch the surface of the text. He believed in viewing the Constitution with human dignity in mind. Human dignity is in a sense what the Constitution is composed of. The Founding Fathers did not wish for anything other than the respect of human dignity in this country.

Read More

Ethos In The Lyceum Address Summary

439 Words | 2 Pages

The rule of law is reflected as a core principle of our nation and vital to ordered liberty. To rightly govern the American rule of law it is essential to acknowledge the continuity between the American Declaration of Independence and the U.S. Constitution. The United States of America “government” is framed by these two important documents. The principles of the Declaration of Independence constitute the foundation of the government based on the universal equality of all human beings, and the U.S. Constitution founds the political process that is to be followed by the elected officials in governing the people. One cannot be without the other; both are essential for a stable government.

Read More

Compare And Contrast Meese And Brennan

181 Words | 1 Pages

Justice William Brennan and Attorney General Edwin Meese held different views on the interpretation of the Constitution when it came to ruling in a case. Brennan held the view that judicial review should be done constitutionally, but to keep human dignity in mind when ruling in a case. Brennan makes his opinion on the matter known saying, “The Declaration of Independence, the Constitution and the Bill of Rights solemnly committed the United States to be a country where the dignity and rights of all persons were equal before all authority.” (Brennan). Unlike Brennan, Meese believed in sticking strictly to what the constitution stated for most matters.

Read More

First Ten Amendments Of The US Constitution

647 Words | 3 Pages

The US Constitution is a document based on the US Federal government’s law and it presents legal checks and balance for the branches of government. The reasoning behind this system was to give an in depth set of values and guidelines for the American people. It is separated into three parts: The Articles, the Bill of Rights, and the changes and additions. The initial three articles are written to establish the responsibilities, powers, and balance each branch the federal government has.

Read More

Gordon S Wood Creation Of The American Republic Sparknotes

1224 Words | 5 Pages

[..][T]he present is an age of philosophy, and America the empire of reason.” This early reasoning guided them in developing a government that was not only more democratic but ensure separation of powers and proper legal review. The key concepts and ideas that were developed during these dramatic years, shaped our system of

Read More

Max Farrand: The Induction Of The Second Amendment

1056 Words | 5 Pages

The United States Constitution was constructed from a set of rules, also known as amendments, which were written with the great intention of securing the basic rights of all United States citizens and as such, it serves as an outline for the laws of the land by dictating the powers of the people and what is acceptable under the watch of the United States government. These rights are considered a privilege afforded to the people and should be exercised as indicated within the document. The history behind the induction of the second amendment began in the nineteenth century when in the summer of 1787, the Framers (included US Presidents) conspired with one another to write the articles of the United States Constitution during the constitutional convention. Fifty-five men drafted this document which serves as the blueprint of the United States government today. The motivation to construct and devise such a plan was created in order to give American citizens the absolute rights to proper enjoyment over their own lives.

Read More

Is The Us Constitution A Living Argumentative Essay

601 Words | 3 Pages

The United States Constitution is the supreme law of the United States of America. The Constitution is the outline our founding fathers created to describe the nature and functions of government. Its first three articles consist of a doctrine of the separation of powers, which divides the federal government into three branches: the legislative, consisting of Congress; the executive, consisting of the President; and the judicial, consisting of the Supreme Court and other federal courts. The constitution is meant to govern the federal government while the bill of rights is meant to govern the

Read More

What The Constitution Means To Me

301 Words | 2 Pages

The Constitution of the united states of America means to me my rights as an American citizen. The constitution makes me feel safe from the government because it protects my rights. It lets me know the government power over the people, and the laws they can make and the laws they can not make. The Constitution ensures my freedom as an American. It is a very important document for the United States of American for the president to follow.

Read More

The Constitution: Betrayal Of The American Revolution

1106 Words | 5 Pages

The Constitution—the foundation of the American government—has been quintessential for the lives of the American people for over 200 years. Without this document America today would not have basic human rights, such as those stated in the Bill of Rights, which includes freedom of speech and religion. To some, the Constitution was an embodiment of the American Revolution, yet others believe that it was a betrayal of the Revolution. I personally believe that the Constitution did betray the Revolution because it did not live up to the ideals of the Revolution, and the views of the Anti-Federalists most closely embodied the “Spirit of ‘76.” During the midst of the American Revolution, authors and politicians of important documents, pamphlets, and slogans spread the basis for Revolutionary ideals and defined what is known as the “Spirit of ‘76”.

Read More

Justice Thurgood Marshall Analysis

1324 Words | 6 Pages

Justice Thurgood Marshall Response Justice Thurgood Marshall said in his “Reflections on the Bicentennial of the United States Constitution”, “I do not believe the meaning of the Constitution was forever ‘fixed’ at the Philadelphia Convention. Nor do I find the wisdom, foresight, and sense of justice exhibited by the framers particularly profound. To the contrary, the government they devised was defective from the start, requiring several amendments, a civil war, and momentous social transformation to attain the system of constitutional government and its respect for the individual freedoms and human rights, that we hold as fundamental as today” (Marshall). In this passage of his essay, Judge Marshall is critical of the government that is

Read More

Us Constitution Relevant Today Essay

1561 Words | 7 Pages

The Constitution is still relevant today because it separates the power each branch of government has in the United States. The separation of powers serves several purposes. The separation prevents concentration of power, seen as the form of tyranny, and provides each branch with weapons to fight off encroachment by the other two branches. As argued by James Madison in the Federalist Papers (No. 51), "Ambition must be made to counteract ambition."

Read More

Advantages Of The Living Constitution Approach

391 Words | 2 Pages

The meaning of the Constitution may be puzzling and unclear but I find that the Living Constitution approach is the most practical for making judgements about particular cases. If I were a justice in the Supreme Court, I would use this approach because it’s based on a system that the document of the Constitution sets up a set of timeless principles that are applied in today’s world and not simply based on the time when it was written. The Constitution should be used to help solve problems by coming up with what these principles mean when applied in today’s world. An example of this is the controversy of whether marriage can or cannot be denied to gay people because of equality.

Read More

More about Compare And Contrast Edwin Meese And William Brennan

Related Topics

Open Document