Saturday, January 4, 2020

Should The Language Of The Constitution Be Applied

Part 1 – Critical Thinking Questions 4,5,7,8,9,11 pg. 200, 1,2,4,6,8,9,11 pg. 233 4 Should the language of the U.S Constitution be applied in its original meaning or should it be applied in a more expansive sense? Explain I believe that the U.S constitution should be applied in a more expansive sense. A lot of our country has changed since 1789 when the constitution was first written. The way of life is different, the way we prosecute criminals is different, even the way we handle civil disputes is different. At the beginning, the constitution served as an application to that era’s disputes and defiances. Today we are seeing new issues arising. Human rights, police brutality, protesting in a criminally provocative way , yes, you name†¦show more content†¦Article I of the U.S Constitution create the legislative branch, which creates the laws of the land. Article II of the Constitution creates the executive branch, which enforces the laws. The judicial branch is created in Article III of the Constitution. This branch provides interpretation of the la ws and has the power to review and decide cases involving states rights. 11 What does the supremacy clause provide? What would be the consequences if the supremacy clause did not exist? The supremacy clause states that the United States Constitution, treaties, federal laws, and federal regulations are the supreme law of the land, if this didn’t exist then states would have more power over the federal government. 1 Describe the difference between the state limited-jurisdiction courts and general jurisdiction courts. Limited jurisdiction courts only have jurisdiction in specific in only well-defined areas of law. General jurisdiction courts have general jurisdiction over all subject matters within their local jurisdiction. 2 What are the functions of the state intermediate courts and the highest state courts? Explain. The state intermediate courts hear appeals from the trial court (Goldman and Cheeseman 10). These courts review the record from the trial court to determine errors that can ultimately modify or reverse the decision in a case. The highest state courts (commonly known asShow MoreRelatedA New Approach to Statutory Interpretation1687 Words   |  7 PagesAssignment 01 Introduction The enactment of both the interim and final Constitution ushered in a new approach to statutory interpretation. In this essay I argue that the statement made by the court in Daniels v Campbell 2003 (9) BLCR 969 (C) is true. The interpretative approach adopted by South African courts pre-1994 Statutory interpretation pre-1994 lacked a single theoretical starting point. There was no single methodology that was applied to interpret legislation. Consequently the process of interpretingRead More Abortion Must be Illegal Essay1721 Words   |  7 Pages1905 to1982. 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