Justification And Weaknesses Of Non-Interpretive
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Justification And Weaknesses Of Non-Interpretive
Justification and Weaknesses of
the Non-Interpretive Model
Brief: Justification and Weaknesses of the Non-Interpretive Model The
question of Constitutional interpretation still has yet to be resolved.
Should only the explicit commands of our nation’s Founding Fathers be
referenced in courts of law, or can it be justified that an outside body
should extrapolate from the specific text of the Constitution to define
and defend additional fundamental rights? Further, if this body, namely
the Supreme Court, bases its decisions of constitutional relevance not
wholly on exact interpretation, then regardless of reason, are they
wholly illegitimate? The non-interpretive model allows the Court to
interpret beyond the exact wording of the Constitution to define and
protect the values of a society. The question of how the
non-interpretative model can be justified must be answered. Despite
much remaining confusion between the two models, it is clear that
history has chosen the non-interpretative model without which many of
the defining points in our nation’s history would be unjustified. The
overwhelming strength of the non-interpretive model is that it has
allowed for many fundamental decisions that have served to protect
the natural rights of the members of this society. If on the other hand
the interpretive model is to be accepted, a significant number of
decisions must be revoked. Briefly, the majority of the due process
clause is no longer justified. Fair criminal and civil procedures must be
dismantled since they have no specific textual reference in the
Constitution. Freedom of speech, religion, and property rights are all
called in question. Also affected is the legitimacy of franchise and
legislative apportionment bodies of doctrine. The equal protection
clause of the Constitution when read literally outlines the defense of
some forms of racial discrimination. However, it does not immediately
guarantee the right to vote, eligibility for office, or the right to serve
on a jury. Additionally, the clause does not suggest that equal-facility
segregation is not to be allowed. Finally, the freedom from cruel and
unusual punishments as outlined in the eighth amendment loses its
flexibility. In this manner, a prima facie argument against the
interpretive model is evident. Without the ability to move beyond the
specific wording, the Court loses its authority to protect what society
values as basic human rights. A fundam...
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