By: Anonymous

Brief: Justification and Weaknesses of the Non-Interpretive Model The

question of Constitutional interpretation still has yet to be resolved.

Should only the explicit commands of our nation's Founding Fathers be

referenced in courts of law, or can it be justified that an outside body

should extrapolate from the specific text of the Constitution to define

and defend additional fundamental rights? Further, if this body, namely

the Supreme Court, bases its decisions of constitutional relevance not

wholly on exact interpretation, then regardless of reason, are they

wholly illegitimate? The non-interpretive model allows the Court to

interpret beyond the exact wording of the Constitution to define and

protect the values of a society. The question of how the

non-interpretative model can be justified must be answered. Despite

example of the manner by which the Supreme Court would act as the

grounds for the non-interpretive model. It is said that this decision

contemporary society are legitimate, history as well as the citizens of

recognizes the superiority of the non-interpretive model. There are

clause is no longer justified. Fair criminal and civil procedures must be

generality of the Constitution to define and defend vested rights and

flexibility. In this manner, a prima facie argument against the

history has chosen the non-interpretative model without which many of

allowed for many fundamental decisions that have served to protect

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Approximate Word count = 4741
Approximate Pages = 19 (250 words per page double spaced)