Admin How does the Constitution change through judicial interpretation?
When judges interpret a constitutional provision, the argument goes, they are bound by this original understanding, which can only be changed through the for- mal process of constitutional amendment under Article V. By contrast, others have argued in favor of treating the Constitution as a living document.
How does judicial interpretation work?
Judicial interpretation refers to how a judge interprets laws. Different judges interpret the laws of their state or the country in different ways. Some judges are said to interpret laws in ways that cannot be sustained by the plain meaning of the law; at other times, some judges are said to “legislate from the bench”.
How can the Constitution be changed or amended?
Article V of the Constitution provides two ways to propose amendments to the document. Amendments may be proposed either by the Congress, through a joint resolution passed by a two-thirds vote, or by a convention called by Congress in response to applications from two-thirds of the state legislatures.
Where does the Constitution talk about judicial review?
The text of the Constitution does not contain a specific provision for the power of judicial review. Rather, the power to declare laws unconstitutional has been deemed an implied power, derived from Article III and Article VI of the U.S. Constitution.
How does the judicial branch interpret laws?
Although the Supreme Court may hear an appeal on any question of law provided it has jurisdiction, it usually does not hold trials. Instead, the Court’s task is to interpret the meaning of a law, to decide whether a law is relevant to a particular set of facts, or to rule on how a law should be applied.
What does the Constitution say about amending the Constitution?
The Constitution provides that an amendment may be proposed either by the Congress with a two-thirds majority vote in both the House of Representatives and the Senate or by a constitutional convention called for by two-thirds of the State legislatures.