Posted: November 19th, 2022

CONSTITUTIONAL INTERPRETATION

CONSTITUTIONAL INTERPRETATION: The interpretation of the constitution understandably varies, as evidenced by the numerous court challenges over the years. There are various interpretations of the constitution, all of which are based on logical reasoning. Judges interpret the law in three ways: originalism, textualism, and instrumentalism. The theory of instrumentalism, which is also the living constitutionalist perspective, is a more appropriate way of interpretation. This viewpoint is based on the fact that society changes over time, and these changes have an impact on how law is applied. As a result, the constitution’s applicability should not simply remain constant over centuries and decades, but should evolve in response to people’s needs.

According to living constitutionalism, the key aspect of the constitution is how it directs how the current government functions. This factor increases its relevance because the interpretation is more in line with the needs of the people. The conditions or circumstances that define a particular period should be considered by judges when interpreting the constitution (Murrill, 2018). According to living constitutionalism, the view that the constitution is a populist tool means that the correct way to interpret it is in terms of the will of the people. This will is associated with people who exist at a specific point in time, so time and events should influence legal interpretation.

The fact that it is objective and generally considers historical and contextual elements such as legislative history, practice, and precedent makes living constitutionalist or instrumentalist interpretation more appropriate. Judges should formulate and apply each law in accordance with its intended purpose. Rather than being literal, the interpretation should be functional. The principles that the constitution should support social progress rather than preservation.

POST TO WHICH YOU MUST REPLY: POST 1: believe that the Constitution should be interpreted and adapted to the country’s current living conditions. When I think about a historical document, I transport myself to that time period and reflect on how life was back then and how it differs significantly from now. There were significant differences than what we are used to in our time period when the Constitution was written, so it stands to reason that our interpretation of the Constitution should adapt to our current era.
The Bible, for example, was written centuries ago, and many religions have used its scriptures to help them deal with current situations that may arise. This is a highly praised document shared by many, with very specific descriptions of its time, but we can still use it to assist us in our current living situation. The Constitution should be interpreted in the same way that the Bible has been adapted to fit our living circumstances.

The constitution wields significant power over its citizens, but it also protects them during times of conflict and should be updated to reflect current living conditions. We are living in very different times than 230 years ago, and no one knows where we will be in 50 years. Change does not have to be negative, and we all interpret things differently. However, we are rapidly progressing, and the same document used 200 years ago will not exactly apply to our living conditions, so I believe it is up to us to assist it in adapting to our time.

POST 2:

Different constitutional interpretations can result in varying interpretations of the constitution and its application to court cases and legislation. It is important that the constitution is applied in a just and consistent way so as to assure the protectionof individual rights and that the constitution is responsive to the changing needs of society. Judges and especially in the Supreme Court of the United States have a duty to ensure that the constitution is interpreted to reflect the original intentions of the drafters of the constitution while at the same time ensuring judicial pragmatism and that the constitution is applicable to present-day circumstances.
One way to understand the original meaning and intention of the framers of the constitution is to interpret the constitution in its original context. “Judges should seek to understand the contexts in which the different laws and statutes were made” (Balkin 2018). By understanding the underlying principles behind the laws, then the appropriate interpretation can be obtained and applied to similar situations. One way to understand and interpret the constitution is to interpret the laws therein based on the common meaning of the legal text constitution are ambiguous. In most cases the plain meaning of the text is usually sufficient. As such, the statements in the constitution are interpreted based on the understanding of the original wording of the statements in the constitution. Due to the evolving needs of different generations it becomes necessary that the constitution is also interpreted in a manner that reflects flexibility and responsiveness to changing times.