Principles of Constitutional Construction

             The problem of interpreting the Constitution and framer"s intent is a constantly permeating and troublesome question in the minds of Supreme Court Justices, judges, prominent politicians, and policy makers alike. It is a problem that has been pondered for years and years in the courtrooms and on paper with no real conclusion. One such essay arguing this dilemma is "How Not to Read the Constitution" by Laurence H. Tribe and Michael C. Dorf, who explore the questions "Is reading the text just a pretext for expressing the reader"s vision in the august, almost holy terms of constitutional law?" and "Is the Constitution simply a mirror in which one sees what one wants to see?" (Tribe, 49). While Tribe and Dorf begin their article with a seemingly unbiased opinion on the subject, by the end of the essay it is quite clear that the authors believe in the United States Constitution as a living document which is vulnerable to interpretation and changes with the times. There is much research citing evidence which both supports and argues against the idea that the Constitution can be freely interpreted to adjust to modern society. Neither of the two sides have very solid, concrete arguments. The supports are all very porous and can be easily attacked by the other side. Therefore, there is no right answer to the question of Constitutional interpretation.

             In order to understand the topic at hand, one must first have a firm grasp on the original framing of the Constitution. The Constitution was written in a time of national turmoil. Bankruptcy and hunger were rampant throughout the country. The Articles of Confederation, written in 1781, proved to be a failure and the politicians were under a lot of pressure to create a functioning national government and a workable law for the land. The Articles of Confederation laid down some of the fundamentals of our national government, but still it had many flaws, such as an inability to regulate commerce and an inability to tax, among others (Scholastic Update, 2).

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