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