Construction or interpretation is the processing assigning a meaning to something. In this case, establishing a rational deduction of the content found in the United States Constitution. The Founding Fathers of the country used the term constitution interpretation to refer to the ability to formulate and justify legal decisions through the constitution. There are various techniques utilized in Constitution construction. However, this article directs it attention to three prominent methods of interpretation. They involve evaluating it as a living, enduring, or a natural document.
There are often issues encountered in constitution interpretation that arise from different factors. Hence, it is difficult to attain a consensus on the key methods of construction (Kiley, par. 1). The living documents entail the evolution of cultural variations while the fixed or natural documents do not change from the period there are written until now. The U.S constitution requires to be continuously updated to meet diverse knowledge, practices, and beliefs. The position has been held by the Supreme Court to uphold justice for different individuals and groups (Strauss, 13). One aspect of the living document interpretation is the evolved meaning of unusual and cruel punishment. The Tribunal came to realize that the words did not have a precise meaning, and their scope was not static.
The final interpretation of the U.S Constitution is as an enduring document. The theory is also known as strict constructionism. The legal document is evaluated based on its meaning today and not what the society or courts attempt to derive. The interpretation can only be enforced by a judge who will utilize it just as it was written. The natural construction mentioned earlier as fixed still holds its ancient Latin constructions and maxims (Kozak, 64). It is also an economical representation of the U.S Constitution. Out of the three interpretations, the living document is highly preferred due to its flexibility to conform to various situations.
Works Cited
Kiley, Jocelyn. Americans divided on how the Supreme Court should interpret the Constitution. July 31, 2014. Web. Retrieved January 14, 2016 from http://www.pewresearch.org/fact- tank/2014/07/31/americans-divided-on-how-the-supreme-court-should-interpret-the- constitution/.
Kozak, Ellen. The Everything U.S. Constitution Book: An easy-to-understand explanation. Massachusetts: Adams Media, 2011.
Strauss, David. The Living Constitution. New York: Oxford University Press, 2010.
