Omar Bennett
The original reading of the US Constitution is important because it sets out the rules and laws that tell the people and the government what they can and cannot do. Originalists believe that the constitutional text should be interpreted using the original public meaning that it would have had when it became law. This is in contrast to living constitutionalists, who believe that the meaning of the text changes over time as social attitudes change. The original reading of the Constitution is significant because it establishes the institutions of the national government and provides a framework for how the US government is organized, including the House of Representatives, the Senate, the presidency, and the court system. It also outlines the rights of citizens, such as the right to practice religion, freedom of speech, and the right to bear arms.
| Characteristics | Values |
|---|---|
| Original public meaning | The original meaning of the Constitution is the meaning that the public would have understood at the time it became law. |
| Writtenness | The written Constitution eliminates uncertainty about the law and binds government officials to it. |
| Aspirational | The Constitution is aspirational and consequential in nature. |
| Set up institutions of national government | The Constitution establishes the institutions of the national government. |
| Unification | The Constitution united citizens of different states under a single union, vesting the power of the union in the people. |
| Rights | The Constitution outlines the rights of citizens, including freedom of religion, speech, press, assembly, the right to bear arms, protection from unreasonable searches and seizures, the right to an attorney and against self-incrimination, and protection from double jeopardy and cruel and unusual punishment. |
| Rule of law | The Constitution establishes the rule of law, outlining the powers and limitations of the government. |
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What You'll Learn
Originalism vs Living Constitutionalism
Originalism and Living Constitutionalism are two theories of constitutional interpretation that are often contrasted with each other. Originalism is the theory that the Constitution should be interpreted based on its original meaning and intent. There are two versions of originalism: "original intent" and "original meaning". Original intent says that the Constitution should be interpreted based on what its drafters intended when they wrote it. Original meaning, on the other hand, says that the Constitution should be interpreted based on the original meaning of the text, regardless of the intentions of its drafters. Originalists believe that the Constitution has a permanent, static meaning that is independent of the subjective intentions of those who wrote it. They believe that the original meaning of the text can be discerned from dictionaries, grammar books, and other legal documents, as well as the historical context in which the Constitution was written.
Living Constitutionalism, on the other hand, is the theory that the Constitution should be interpreted according to evolving societal standards and attitudes. Living Constitutionalists believe that the meaning of the Constitution changes over time as society changes, and that judges should interpret the Constitution based on what it ought to say in the present day, rather than what it says. For example, living constitutionalists believe that racial segregation was constitutional from 1877 to 1954 because public opinion favoured it, and that it only became unconstitutional as a result of the Supreme Court decision in Brown v. Board of Education in 1954. They believe that the Supreme Court changed and improved the Constitution with this decision.
Originalism and Living Constitutionalism have been the subject of much debate, particularly in the context of high-profile Supreme Court cases. For example, the late Justice Antonin Scalia, a prominent originalist, once said, "The constitution that I interpret is not living but dead," while his counterpart, the late Justice William J. Brennan Jr., an advocate of Living Constitutionalism, insisted that "the ultimate question must be, what do the words of the text mean in our time." The Dobbs v. Jackson decision in 2022, which overturned abortion rights, was also seen as a victory for originalism, with a majority of the current court believing that decisions should be based on the original intent of the Constitution.
Critics of originalism argue that it is inappropriate to try to interpret the Constitution based on the intentions of its drafters, particularly given that the Founding generation had many flaws, such as protecting slavery and denying women's rights. They also argue that the Framers left out many important values, such as equality, democracy, and the right to vote. Living Constitutionalism, on the other hand, has been criticised as a "chameleon jurisprudence, changing colour and form in each era," and accused of not being grounded in the actual text of the Constitution.
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The importance of a written constitution
Firstly, a written constitution provides certainty and clarity by codifying the laws and principles that govern a country. This written form helps eliminate ambiguity and uncertainty about the law, ensuring that government officials, citizens, and legal experts can refer to a single authoritative source. The Framers of the US Constitution, having grown up with the British unwritten constitution, recognised the importance of a written constitution to provide clear constitutional constraints.
Secondly, a written constitution establishes the institutions of the national government and sets out their powers and responsibilities. The US Constitution, for example, outlines the organisation of the government, including the establishment of a House of Representatives, a Senate, the presidency, and the court system. It also delineates the powers vested in these institutions, such as the legislative powers granted to Congress and the original jurisdiction of the Supreme Court.
Thirdly, a written constitution protects the rights of citizens and ensures their freedoms are upheld. The US Constitution, through its amendments and the Bill of Rights, guarantees various rights, including freedom of religion, speech, and the press, the right to bear arms, protection from unreasonable searches and seizures, and the right to legal counsel during criminal trials. These rights are enshrined in the written document, providing a basis for legal recourse if they are violated.
Additionally, a written constitution promotes stability and continuity by providing a framework for governance that transcends changing social attitudes and political ideologies. It serves as a unifying force, bringing together states or diverse communities under a common set of principles and values. The US Constitution, for instance, united its citizens as members of a whole, vesting the power of the union in the people.
Lastly, a written constitution enables a country's judiciary to interpret and apply the law consistently. Legal theories, such as originalism, advocate for interpreting constitutional texts based on their original public meaning at the time they became law. This approach ensures that the constitution's provisions are applied as intended, providing stability and predictability in legal decision-making.
In conclusion, the importance of a written constitution lies in its ability to provide clarity and certainty in the law, establish a framework for governance, protect citizens' rights, promote stability and unity, and guide the interpretation and application of legal principles. A written constitution serves as a foundational document that shapes the functioning of a nation and safeguards the rights and freedoms of its citizens.
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Original public meaning
Originalism is a theory of interpretation of legal texts, including the text of the Constitution. Originalists believe that the constitutional text should be interpreted according to its original public meaning at the time it became law. This meaning can be discerned from dictionaries, grammar books, and other legal documents, as well as the historical context and public debates surrounding its creation. It is an objective legal construct, independent of the subjective intentions of those who wrote it.
Originalists argue that the original meaning of the text is of paramount importance and should be adhered to, regardless of changing social attitudes or the passage of time. They believe that the text of the Constitution is fixed and static, and any changes or adaptations should only come through formal constitutional amendments. This view is often contrasted with Living Constitutionalism, where the meaning of the text is believed to evolve as society changes.
The original public meaning of the Constitution is important to originalists because it provides a fixed and certain interpretation of the law. By referring to the original meaning, they aim to eliminate uncertainty and subjectivity in legal interpretation. This approach values the concrete and explicit meaning of the text over potential adaptations or evolutions.
Additionally, the original public meaning of the Constitution reflects the intentions and values of its framers. The Founding Fathers crafted the Constitution with specific purposes in mind, and originalists argue that deviating from the original meaning could undermine these intentions. The original meaning also represents a consensus reached during a specific historical context, uniting states with different interests, laws, and cultures under a single document.
Furthermore, the original public meaning of the Constitution provides a foundation for interpreting and understanding subsequent amendments. The first ten amendments, known as the Bill of Rights, were added to address concerns about governmental power. Interpreting these amendments through their original public meaning helps maintain consistency and continuity in the application of the law.
In conclusion, the original public meaning of the Constitution is significant to originalists because it provides a stable, certain interpretation of the law, reflects the intentions of its framers, and serves as a foundation for understanding subsequent amendments. Adhering to the original meaning ensures a consistent and objective approach to constitutional interpretation, valuing the explicit text over potential adaptations to reflect changing social attitudes.
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The role of the Fourteenth Amendment
Originalism is a theory of interpretation that asserts that the constitutional text should be interpreted according to its original public meaning when it became law. This meaning can be discerned from dictionaries, grammar books, legal documents, legal events, and public debates that occurred during the formation of the constitutional provision. Originalism is often contrasted with Living Constitutionalism, which holds that the meaning of the constitutional text evolves as social attitudes change.
The Fourteenth Amendment, passed by Congress on June 13, 1866, and ratified on July 9, 1868, plays a significant role in ensuring the rights and liberties of citizens. It addresses various aspects of citizenship and the rights of citizens, with a particular focus on "equal protection of the laws." This phrase has been central to several landmark cases, including Brown v. Board of Education, Roe v. Wade, and Bush v. Gore, among others.
One of the key roles of the Fourteenth Amendment was to extend the liberties and rights outlined in the Bill of Rights to formerly enslaved people, effectively granting them citizenship. This was achieved through the provision that "All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside."
Additionally, the Fourteenth Amendment prohibits any state from depriving a person of "life, liberty, or property, without due process of law." This provision ensures that citizens are protected from arbitrary actions by the state and guarantees their right to fair legal proceedings.
The amendment also addresses the allocation of representatives among the states, stipulating that representatives shall be apportioned according to the total number of people in each state, excluding untaxed Indigenous populations. This provision ensures fair representation for citizens.
Furthermore, the Fourteenth Amendment includes a section that addresses insurrection and rebellion. It states that individuals who have taken an oath to support the Constitution and subsequently engage in insurrection or rebellion shall be disqualified from holding specific offices. However, Congress may remove this disability by a two-thirds vote of each House.
In conclusion, the Fourteenth Amendment plays a crucial role in safeguarding the rights and liberties of citizens, particularly those who were previously enslaved. It ensures equal protection under the law, grants citizenship, protects life, liberty, and property, and promotes fair representation. By upholding these principles, the Fourteenth Amendment contributes significantly to the foundation of a just and equitable society.
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Citizens' rights
An original reading of the US Constitution is important for citizens' rights because it establishes the fundamental laws of the US federal system of government and the basic rights of citizens. The Constitution was written in 1787 in Philadelphia, Pennsylvania, by delegates from 12 states, creating a federal system with a national government composed of three separate powers.
The first ten amendments to the Constitution, known as the Bill of Rights, came into effect on December 15, 1791, and were designed to limit the powers of the federal government and protect the rights of citizens, residents, and visitors in American territory. These amendments include some of the most basic freedoms and rights that are commonly associated with the United States today, such as freedom of speech, freedom of religion, the right to keep and bear arms, freedom of assembly, and protection from unreasonable search and seizure.
The Bill of Rights also includes protections such as due process, trial by jury, and the prohibition of cruel and unusual punishment. The Ninth Amendment states that the listing of specific rights in the Constitution does not exclude other rights that are not explicitly mentioned. This amendment ensures that individuals retain certain inherent rights even if they are not spelled out in the Constitution.
The original reading of the Constitution and the Bill of Rights is significant because it sets the foundation for citizens' rights and liberties. It establishes the framework within which the government operates and defines the boundaries of its power. By outlining specific freedoms and protections, the original text of the Constitution safeguards citizens' rights and ensures that the government cannot overstep its authority.
However, it is important to acknowledge that the original Constitution had shortcomings, particularly in its failure to address slavery and the rights of Native Americans. It took nearly 135 years for Native Americans to be granted US citizenship, and the Constitution initially protected slavery and legalized racial subordination. Despite these flaws, the original reading of the Constitution remains essential for understanding the evolution of citizens' rights and the ongoing efforts to uphold and expand those rights for all.
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