Conflicts in Constitutional Meaning and Interpretation

Overview

Addressing early conflicts over the meaning and interpretation of the Constitution, James McClellan observed, “John Marshall and his brethren on the Supreme Court were in basic agreement with Jefferson that the original intent of the Framers ought to govern. What divided the ‘strict’ constructionists from the ‘loose’ constructionists, therefore, was not whether the original meaning of the Constitution should be followed, but what the Framers intended” (McClellan 2000, 497). If it was a challenge then to determine what the Framers had intended, determining their intent is even bigger challenge now, with the distance of nearly 250 years, the re-founding of the nation after the Civil War, and the transformation of the nation in the New Deal.

Reflect on the task of adhering to the intent of the Framers related to your area of public policy interest. Begin by identifying the provisions of the Constitution that govern your area of public policy interest. Explain and defend your view of the intent of the Framers when they established these provisions. Do the public policies relevant to your area of interest reflect, repudiate, or misunderstand the intent of the Framers, and how so? Finally, evaluate the role that the intent of the Framers should play in addressing current debates within your area of public policy interest.

Every essay should begin with an introductory paragraph that clearly and concisely states the purpose and significance of the paper, and that introductory paragraph should end with a clear thesis sentence that encapsulates the paper’s argument. The body of the essay should support the argument summarized in the thesis sentence with sound logic, clear argumentation, and credible sources. The concluding paragraph should reiterate how the thesis has been argued and demonstrated.

Instructions

• Assignment should be 6-8 pages in length, not counting Title Page or Works Cited.
• Assignment should be written in current Turabian format.
• Assignment should include citations from at least four of the sources assigned for this course, and from at least four additional secondary sources (whether books from university or academic presses, or peer-reviewed journal articles).

Note: Your assignment will be checked for originality via the Turnitin plagiarism tool.