Example Of Essay On Reaction To The Article: “Scalia Defends Originalism”

Type of paper: Essay

Topic: Law, Criminal Justice, Crime, Court, People, Supreme Court, Print, Understanding

Pages: 1

Words: 275

Published: 2020/12/25

Many lawmakers and legal representatives often find themselves conflicted in interpreting the law. Similarly, judges and members of the Court also find themselves in the midst of an irreconcilable difference because they generally interpret the law in opposing views. However, Supreme Court Justice Antonin Scalia argues that there are ways in which this issue can be resolved . It is by being open to the process of historical inquiry. Many argues that this is a complicated proposal given the arduous process of having to track down the original meaning of which the law was developed. However, Scalia offered a clear explanation that would allow critics and supporters of this process could find the sense of his proposal.
The law, more so the Constitution, was written based on sound history event that warrants for its creation. It is imperative to know this reason to get a clear understanding of the prerogatives of the authors to write the law. Upon understanding, the people would then know when the arguments have a solid and reliable basis because these arguments will be based on the original context. Scalia offered several perfect example for his argument. One was the District of Columbia v. Heller in 2008 relating the rights of the people to bear arms in opposition to the States’ decision to ban gun ownership . Scalia offered that it would be easy to understand that the right to bear arms as expressed in the Second Amendment should not be interpreted as individual’s personal right to gun ownership but rather it is not a law that applies to every single individual as based on England’s law of disarming the people who were disqualified to qualify from being included in the people’s militia .
Scalia’s argument allows for a unanimous resolution for the most disputed cases being heard in the Court. This allows our lawmakers and legal representatives to harmonize their definition for easy resolution of cases. This aims to avoid any clash and misinterpretation of the law and the disputing judgment in cases of similar origin and similar grounds.

Works Cited

Corbett, Richard, Francis Jacobs and Michael Shackleton. The European Parliament. London: John Harper Publishing, 2011. Print.
Doherty, Brian. Gun Control on Trial: Inside the Supreme Court Battle over the Second Amendment. Washington, D.C.: Cato Institute, 2009. Print.
Pollock, Earl. The Supreme Court and American Democracy: Case Studies on Judicial Review and Public Policy. Santa Barbara, California: Greenwood Publishing Group, 2008. Print.

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WePapers. (2020, December, 25) Example Of Essay On Reaction To The Article: “Scalia Defends Originalism”. Retrieved October 03, 2023, from https://www.wepapers.com/samples/example-of-essay-on-reaction-to-the-article-scalia-defends-originalism/
"Example Of Essay On Reaction To The Article: “Scalia Defends Originalism”." WePapers, 25 Dec. 2020, https://www.wepapers.com/samples/example-of-essay-on-reaction-to-the-article-scalia-defends-originalism/. Accessed 03 October 2023.
WePapers. 2020. Example Of Essay On Reaction To The Article: “Scalia Defends Originalism”., viewed October 03 2023, <https://www.wepapers.com/samples/example-of-essay-on-reaction-to-the-article-scalia-defends-originalism/>
WePapers. Example Of Essay On Reaction To The Article: “Scalia Defends Originalism”. [Internet]. December 2020. [Accessed October 03, 2023]. Available from: https://www.wepapers.com/samples/example-of-essay-on-reaction-to-the-article-scalia-defends-originalism/
"Example Of Essay On Reaction To The Article: “Scalia Defends Originalism”." WePapers, Dec 25, 2020. Accessed October 03, 2023. https://www.wepapers.com/samples/example-of-essay-on-reaction-to-the-article-scalia-defends-originalism/
WePapers. 2020. "Example Of Essay On Reaction To The Article: “Scalia Defends Originalism”." Free Essay Examples - WePapers.com. Retrieved October 03, 2023. (https://www.wepapers.com/samples/example-of-essay-on-reaction-to-the-article-scalia-defends-originalism/).
"Example Of Essay On Reaction To The Article: “Scalia Defends Originalism”," Free Essay Examples - WePapers.com, 25-Dec-2020. [Online]. Available: https://www.wepapers.com/samples/example-of-essay-on-reaction-to-the-article-scalia-defends-originalism/. [Accessed: 03-Oct-2023].
Example Of Essay On Reaction To The Article: “Scalia Defends Originalism”. Free Essay Examples - WePapers.com. https://www.wepapers.com/samples/example-of-essay-on-reaction-to-the-article-scalia-defends-originalism/. Published Dec 25, 2020. Accessed October 03, 2023.
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