1answer.
Ask question
Login Signup
Ask question
All categories
  • English
  • Mathematics
  • Social Studies
  • Business
  • History
  • Health
  • Geography
  • Biology
  • Physics
  • Chemistry
  • Computers and Technology
  • Arts
  • World Languages
  • Spanish
  • French
  • German
  • Advanced Placement (AP)
  • SAT
  • Medicine
  • Law
  • Engineering
klemol [59]
3 years ago
13

There are many modes of constitutional interpretation. In 500 words discuss two forms (i.e., aspirationalism, strict constructio

n, originalism, pragmatism, etc.) and which mode you favor.
Law
2 answers:
netineya [11]3 years ago
4 0
Liability that arises from not maintaining a building is referred to as a) medical foundation liability. b) premises liability. c) healthcare culpability. d) healthcare facility liability.
Vera_Pavlovna [14]3 years ago
3 0

Answer:

There are three basic modes of constitutional interpretation: strict construction, aspirationalism, and textualism. The strict construction approach seeks to apply the Constitution according to what it says explicitly rather than based on desirable social consequences; the aspirational approach applies the Constitution based on societal standards regardless of whether it contradicts what it says, and the textualist approach looks only at the text of laws regardless of their effect on society.

The literal interpretation assumes that the US Constitution was set in stone by an all-knowing entity. If this is true, then what use are the amendments if one had already decided the outcome of every single dispute ever framed under them? The idea of being open to interpretation is so that new issues can be solved using old principles. Yes, some people may choose to "go rogue" with these principles come up, but I side with keeping my own freedoms limited for greater freedoms for others. And finally, aspirationalism takes into account that America's founding fathers wanted aspirations, not just laws. They would have understood that sometimes even they couldn't agree on moral solutions, and they knew times change over time.

I prefer strict aspirational because it takes into account social progress. The Constitution is meant to be a living document that isn't static, and the Constitution was written in a time when slavery, women's suffrage and segregation were still acceptable. The Constitution needs to evolve with society and make sense in modern times - interpretations.

The Constitution was written at a time when slavery was legal in America - aspirationalism would have been impossible back then. The Constitution works on interpretation - if it didn't, we wouldn't need it. Over time, we've developed aspirationalism to be able to interpret the Constitution more fairly. It's not what the Constitution says, it's how well society can agree to interpret that.

Explanation:

The modes of constitutional interpretation are two of the most popular ways in which constitutional law is interpreted. An aspirationalist judge would favor arguments that all legislation should follow the “original intent” of the constitution while strict constructionists follows the literal text of the constitution.

You might be interested in
PLEASE HELP
Sindrei [870]

Answer:

As Chief Executive the president can: implement policy, supervise the executive branch of government, prepare executive budget for submission to congress, and appoint and remove executive officials. The head of government is the chief officer of the executive branch of a government, often presiding over a cabinet.

3 0
3 years ago
¿Cómo afecta la violencia familiar a los derechos humanos?
Sonbull [250]
La violencia en una familia es una violación de los derechos humanos, pero debido a que muchos creen que es un asunto privado, pasa desapercibido y esto pone a las mujeres y los niños en condiciones de ser lastimados más de lo que deberían. Debido a que muchos niños están heridos y nadie interfiere, crecen y se vuelven abusivos también. Y continúan violando los derechos humanos porque les enseñaron que esto estaba bien.
3 0
3 years ago
What does Sam mean and do?
Inessa05 [86]

Answer:

i dunno srry i just really really need point:>

Explanation:

6 0
2 years ago
Read 2 more answers
What did the party claiming religious freedom argue in Welsh vs United States ?
VLD [36.1K]
Supreme Court: Traditional religious belief not necessary for conscientious objector status. ... The Court ruled 6-3 that his beliefs were sufficiently religious such that he was entitled to CO status. Justice Hugo L. Black authored an opinion for four justices interpreting the Selective Service Act.
8 0
2 years ago
Amendments Quiz
NARA [144]
The five freedoms listed in the 1st amendment are freedom of religion, freedom of speech, freedom of the press, the right to assembly and the right to petition the government.

An amendment is a change or addition designed to improve a text, piece of legislation, etc.

Step one: two-thirds of both houses of Congress pass a proposed constitutional amendment. This sends the proposed amendment to the states for ratification.

Step two: Three-fourths of the states (38 states) ratify the proposed amendment, either by their legislatures or special ratifying conventions.

The Fourth Amendment of the U.S. Constitution provides that the right of the people to be secure in their persons, houses, papers, and effects and against unreasonable searches and seizures.

4 0
3 years ago
Other questions:
  • Heidi Klum has decided to produce and sell a signature fragrance. Klum spends countless hours with a bottle manufacturer coming
    5·1 answer
  • What counsel did Brigham Young give to Ephraim Hanks regarding the walls of his adobe house?
    11·1 answer
  • Help please text timed ASAP !!
    7·2 answers
  • WILL GIVE BRAINLIEST URGENT
    11·2 answers
  • Tools
    12·1 answer
  • How can a mask help you be smart
    13·2 answers
  • This federal agency maintains a database of complaints about businesses and provides education about money topics.
    8·2 answers
  • When entering a highway from a private driveway you must:<br> -yield to all approaching vehicles.
    7·1 answer
  • Which clause from the Sixth Amendment guarantees that an accused person will be able to hear the charges against him or her?
    5·1 answer
  • Hello! If a synovial ganglion (cyst) bursts due to a sudden movement or blow, does it reappear?
    9·1 answer
Add answer
Login
Not registered? Fast signup
Signup
Login Signup
Ask question!