Also he dominates oral arguments on the court with active and sometimes his questionings regarding the case (Liptak). He says that he prefers a Constitution that is dead instead of a constitution that is alive and that evolves over the time. In one of his speeches he said that, “The Constitution is not an organism. It’s a legal text…It means today what it meant when it was adopted” (Stohr). Probably he said this because now days many people wants to change the constitution and adapt new rules and amendments, and since he is very conservative he wants to keep the constitution like it was when it was
Martin Luther King Jr. uses references towards historical and political figures to show his stance on the United States Government during his time. In a nut shell, Martin Luther King Jr. is describing his beliefs in just and unjust laws in his writing. An unjust law, as stated by Martin Luther King Jr., is “one that is a mode that is out of harmony with the moral law.” St. Augustine said, “An unjust law is not a law at all.” Martin Luther King Jr. uses this quote to justify his case and to establish credibility within his argument in how he backs up his beliefs with that of St. Augustine on an unjust law. He stands up behind St. Thomas. Martin Luther King Jr. was always a strong worker for civil rights for members of his race, King was, by this time, a member of the executive committee of the National Association for the Advancement of Colored People, the leading organization of its kind
• Thomas used Aristotle’s view of natural law to justify the authority of the Roman Catholic Church in political as well as religious matters. For the purpose of explaining the fundamental reasons of law he used Aristotle’s philosophy and added the use of an eternal ruler. John Locke • John Locke had a distinct influence on the writers of the American Constitution by advocating for human rights and liberty through democracy. In saying so, he believed that the mass majority of ordinary people can be capable of giving consent to their governor/ruler as opposed to the Monarch government. However if the ruler did not comply with the needs of the people, Locke believed that the public had the justified right to rebel.
Changing it every time something in the world comes about will get to a point where it’s too much for the government. “A common law Constitution is a "living" Constitution, but it is also one that can protect fundamental principles against transient public opinion, and it is not one that judges (or anyone else) can simply manipulate to fit their own ideas”( Strauss, David A). With today’s society and the way things are its hard to say whether or not this document is living or not. I still believe the Constitution is a non-living document. In another article I read, Scalia states that “that issues such as abortion and homosexuality do not appear in the Constitution makes them matters for which citizens and states can enact laws”( Patel, Ushma).
Peter Irons’ Brennan vs. Rehnquist discusses the philosophical differences between Supreme Court Justices William Brennan and William Rehnquist, but on a deeper level, the importance of having a balance of ideas within the Judiciary Branch. Brennan’s ideology, as a lawyer and judge, tended to be more progressive by focusing on the dignity of all people. However, Rehnquist had conservative proclivity and believed that whoever held the majority should subject their own morals upon those in the minority, which is directly at odds with the beliefs of his more liberal counterpart. The author also states that the members of the Supreme Court are selected by publicly elected officials, meaning that the general population of voters hold an important
This essay will be discussing and analyzing the document: Common Sense by Thomas Paine. Thomas Paine was an American founding father and very influential in the the enlightenment movement that started in 1714. Thomas Paine wrote common sense so people would begin thinking and discussing the way the British had been treating the colonies in the recent years. Paine believed that King George and the British parliament were tyrannical and that the colonies should do something about it. Common Sense appealed to many of the colonists because of the plain language Thomas Paine used.
Lastly, the board speaks of the overturning of the law and how this decision to overturn it was “unquestionably correct.” The board specifically picked “unquestionably” in order to persuade the audience to believe that, with out of a doubt, the decision the Supreme Court made was the right choice. The board is able to sway the audience towards their opinion and away from Texas and other anti-abortion believer’s opinions by using a very vivid word choice that convinces the audience that the boards views are correct and that their oppositions viewpoint is
Ratification of the Constitution by some states was based on the expectation that the Constitution would be changed by amendments such as these. Madison originally drafted 19 amendments, 12 of which his congressional colleagues passed on to the states for their approval. On December 15, 1791, 10 had been approved by enough states to become part of the Constitution. These amendments guarantee our individual rights as citizens, such as the freedom of speech, religion and in the First Amendment. In 1785 Madison had written one of the most significant essays regarding separation of religion and government, which no doubt gave him inspiration for some of the Bill of
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). Although the parties may have written certain things of their time that may not even apply to future situations from that point on, Meese continued to hold the belief that what was written is really meant and is not to be interpreted