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balu736 [363]
3 years ago
5

Define Originalism. What are the negatives and positives of Originalism?

History
1 answer:
andre [41]3 years ago
6 0

Answer:

hey Emana! i hope this will help you!

Explanation:

In the context of United States law, originalism is a concept regarding the interpretation of the Constitution that asserts that all statements in the constitution must be interpreted based on the original understanding of the authors or the people at the time it was ratified.  

Pros and cons

Pros

• If a constitution no longer meets the exigencies of a society's "evolving standard of decency", and the people wish to amend or replace the document, there is nothing stopping them from doing so in the manner which was envisioned by the drafters: through the amendment process. The Living Constitution approach would thus only be valuable in the absence of an amendment process.

• Originalism deters judges from unfettered discretion to inject their personal values into constitutional interpretation. Before one can reject originalism, one must find another criterion for determining the meaning of a provision, lest the "opinion of this Court [rest] so obviously upon nothing however the personal views of its members". Scalia has averred that "there is no other" criterion to constrain judicial interpretation.  

• Originalism helps ensure predictability and protects against arbitrary changes in the interpretation of a constitution; to reject originalism implicitly repudiates the theoretical underpinning of another theory of stability in the law, stare decisis.

• Contrary to critics of originalism, originalists do not always agree upon an answer to a constitutional question, nor is there any requirement that they have to. There is room for disagreement as to what original meaning was, and even more as to how that original meaning applies to the situation before the court. But the originalist at least knows what he is looking for: the original meaning of the text. Usually, that is easy to discern and simple to apply.  

Cons

• Legal controversy rarely arises over constitutional text with uncontroversial interpretations. How, then, does one determine the original "meaning" of an originally broad and ambiguous phrase? Thus, originalists often conceal their choice between levels of generality or possible alternative meanings as required by the original meaning when there is considerable room for disagreement.

• Originalism allows the dead hand of prior generations to control important contemporary issues to an extraordinary and unnecessary level of detail. While everyone agrees that broad constitutional principles should control, if the question is whether abortion is a fundamental right, why should past centuries-old intentions be controlling? The originalist's distinction between original meaning and original intention here is unclear due to the difficulty of discussing meaning in terms of specific details that the Constitutional text does not clarify.

• In writing such a broad phrase such as "cruel and unusual", it is considered implausible by some that the framers intended for its very specific meaning at that time to be permanently controlling. The purpose of phrases such as "cruel and unusual," rather, is specifically not to specify which punishments are forbidden, but to create a flexible test that can be applied over future centuries. Stated alternatively, there is no reason to think the framers have a privileged position in making this determination of what is cruel and unusual; while their ban on cruel punishment is binding on us, their understanding of the scope of the concept "cruel" need not be.

• If applied scrupulously, originalism requires the country either to continually reratify the Constitution in order to retain contemporary standards for tests such as "cruel and unusual punishment" or "unreasonable searches and seizures," or to change the language to specifically state that these tests shall be administered according to the standards of the society administering the test. Critics of originalism believe that the first approach is too burdensome, while the second is already inherently implied.

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Explanation:

Hello!  

To have the option to viably address this inquiry you should initially comprehend what the initial two plans were.  

The Virginia Plan was an arrangement that would support bigger states in the administrative branch. It successfully based portrayal in those branches exclusively off of populace, which would seriously prevent littler states portrayal in Congress. This framework would likewise be a unicameral house; a solitary house framework.  

The New Jersey Plan was an arrangement that would level out the contrasts between the littler states and bigger states by giving that everyone have an equivalent measure of agents in Congress. Thusly, each state, paying little mind to populace, would have a specific measure of administrators from their state. This framework was additionally a unicameral house; a solitary house framework.  

These two plans share a reasonable similarity to the current framework we have today. This framework, likewise called the Connecticut Compromise by those at the Convention, was a trade off that consolidated the significant parts of the two plans. It utilized a bicameral house; a house framework with two separate houses. One house, the Senate, would be based off the New Jersey design and have equivalent portrayal for all. The other house, the House of Representatives, would be based off the Virginia Plan and give the quantity of agents to each state dependent on populace.  

Fun reality: Every 10 years the government decides what number of seats a state gets in the House through the US registration.

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Answer:1. Maintaining Peace and Security

By sending 69 peacekeeping and observer missions to the world’s trouble spots over the past six decades, the United Nations has been able to restore calm, allowing many countries to recover from conflict. There are now 16 peacekeeping operations around the world, carried out by some 125,000 brave men and women from 120 countries who go where others can’t or won’t go.

2. Making Peace

Since the 1990s, many conflicts have been brought to an end either through UN mediation or the action of third parties acting with UN support. Recent examples include Sierra Leone, Liberia, Burundi, the north-south conflict in the Sudan and Nepal. Research credits UN peacemaking, peacekeeping and conflict prevention activities as a major factor behind a 40-per cent decline in conflict around the world since the 1990s. UN preventive diplomacy and other forms of preventive action have defused many potential conflicts. In addition, 11 UN peace missions in the field address post-conflict situations and carry out peacebuilding measures.

3. Consolidating peace

The United Nations Peacebuilding Commission supports peace efforts in countries emerging from conflict. It brings together international donors, international financial institutions, governments and troop-contributing countries, helps marshal resources, and proposes actions for peacebuilding and recovery. The United Nations Peacebuilding Fund supports 222 projects in 22 countries by delivering fast and flexible funding.

4. Preventing Nuclear Proliferation

For over five decades, the International Atomic Energy Agency (IAEA) has served as the world’s nuclear inspector. IAEA experts work to verify that safeguarded nuclear material is used only for peaceful purposes. To date, the Agency has safeguards agreements with more than 180 States.

5. Clearing Landmines

The United Nations helps to clear landmines in some 30 countries or territories, including Afghanistan, Colombia, the Democratic Republic of the Congo, Libya and the Sudan. Landmines kill or maim thousands of civilians every year. The UN also teaches people how to stay out of harm's way, helps victims to become self-sufficient, assists countries in destroying stockpiled landmines and advocates for full international participation in treaties related to landmines.

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Hamilton responded to the charge that a bank was unconstitutional by formulating the doctrine of "implied powers." He argued that Congress had the power to create a bank because the Constitution granted the federal government authority to do anything "necessary and proper" to carry out its constitutional functions (in this case its fiscal duties).

In 1791, Congress passed a bill creating a national bank for a term of 20 years, leaving the question of the bank's constitutionality up to President Washington. The president reluctantly decided to sign the measure out of a conviction that a bank was necessary for the nation's financial well-being.

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Answer:

The answer is D, the Nueces River.

Explanation:

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