Interpreting The Constitution Originalist And Living Essay

According to Antonin Scalia there are two types of approaches to interpreting the Constitution: originalist and living. Which approach do you believe the Court should take? Why? How does this approach affect the policymaking process? I prefer to the approach of living when interpreting the Constitution. I think the majority of law should change and evolve over time as the society advances constantly. The Constitution was established over two hundred years and it was created to deal with the issues at that time. With time passed by, some terms were not suitable for the current issues. The pioneers who drafted the Constitution could not predict the changes on the technology, the economy, the international relationship and the social media. It was not realistic to make the outdated rules to guide the life of people invariably. Changing the law with the time was a positive practice, so that the Constitution could better fit the society. The originalist believed that â€Å"to determine the meaning of a particular constitutional phrase, the Court should look to the intentions of the founders† (Sidlow Henschen, 329). However, this approach was a little stiff because the drafters viewed the issues with the thinking of that time. The United States has experienced the Civil War, the World War and a plenty of movements that strove for various rights toward the African American, female, homosexual and some other groups. It has become one of the most open-minded countries in the world. SoShow MoreRelatedTheu.s. Constitution Vs. The Constitution1399 Words   |  6 PagesThe U.S Constitution was written by James Madison and was ratified on July 21, 1788. Ever since people had trouble determining how it should be interpreted. When judges interpret the constitution, they are interpreting new facts to an established law that has been given meaning and has a historical background. Many people argue that it should be read how it was written who are known as Originalists. Then there are people who believe that the Constitution evolves as society does and they are knownRead MoreThe Constitution Is Revered For Both Its Age And Its Brevity944 Words   |  4 PagesThe U.S Constitution is revered for both its age and its brevity. The Constitution is a short and concise document has been able to stand the test of time and it has remained the ultimate guide of principles for law creation and enforcement. With that being said, the words of the Constitution are unclear in many respects. Politicians have debates over the Constitution due to the reason that it is difficult to figure out what the Framers meant when they originally wrote the Constitution. AccordingRead MoreThe Debate On Constitutional Interpretation1730 Words   |  7 PagesThe debate on Constitutional interpretation is far from a new one. For years, the argument over how the Constitution should be read has varied, from the strict textualist app roach to the most lenient, the instrumentalist position. The Constitution has long been referred to in terms of being a living or dead document, and its interpretation has significant ramifications on this country’s legal climate. This paper will analyze and compare two different forms of Constitutional interpretation: originalismRead MoreIn Order To Better Understand Justice Antonin Scalia’S1975 Words   |  8 Pageswritten law that is set down by legislators. Scalia makes the argument in which he explains that judges abuse their power by interpreting statutory text in the way a common-law judge would interpret common law. In turn Justice Antonin Scalia offers his judicial interpretation approaches as solutions to constrain judges who abuse their power. Justice Antonin Scalia was an originalist and a textualist (Scalia 1997). Statutory law is written law that is set down by legislators. Ultimately it is the judge’sRead MoreThe Supreme Law Of The Land1989 Words   |  8 Pagesdocuments in this country. With that being said, many dispute how the constitution is meant to be interpreted by today s society. Viewpoints vary usually based on political affiliation and origin of birth. Although the constitution is the supreme law of the land, a majority of citizens interpret it using originalism, instrumentalism, literalism, and normative reinforcement. Originalism is the interpretation of the constitution which follows closely the original intentions of those who drafted it;Read MoreIncrease Minimum Wage During The Great Depression1834 Words   |  8 Pagesof the Constitution states that â€Å"Congress shall have Power to provide for the common Defence and general Welfare of the United States†; by interpreting the Constitution as a living Constitutionalist would, to provide for the general Welfare of the United States an increase in the minimum wage is necessary for its citizens (Barbour). The United States Constitution was written at a convention that Congress called on February 21, 1787. The framers intent behind creating the Constitution was to establishRead MoreConstitutional Interpretation of Checks and Balances Essay1671 Words   |  7 PagesInterpretation of Checks and Balances The problem of interpreting the Constitution and framer’s intent is a constantly permeating and troublesome question in the minds of Supreme Court Justices, judges, prominent politicians, and policy makers alike. It is a problem that has been pondered for years and years in the courtrooms and on paper with no real conclusion. One such essay arguing this dilemma is â€Å"How Not to Read the Constitution† by Laurence H. Tribe and Michael C. Dorf, who explore theRead MoreHow The Constitution Should Be Interpreted? What Effect Does Their Powerful Decisions Have On America?1345 Words   |  6 PagesQ: What is the role of the Roberts Court in light of current conditions in the 21st century in deciding how the Constitution should be interpreted? What effect does their powerful decisions have on America? T: What role the court chooses for itself in the unfolding of history is sometimes more important than the facts of the particular case at hand. Their power is so great and influential in nearly every major issue of our time that any way they fall on an important decision directly influencesRead MoreThe True Nature Of The Canadian Charter1485 Words   |  6 PagesCharter as part of the evolution of the constitution does not suddenly place Canada in a brighter light where justice is eminent and achieved easily for society as a whole. Likewise, the method of appointing judges to the Supreme Court of Canada (SCC) has forced the judicial interpretation of the Charter to be perceived negatively by the rest of Canada. While some might argue that the living tree doctrine of constitutional interpretation is essential when interpreting the Charter, this principle can beRead MoreThe Constitutional Interpretation Of The Constitution Essay1833 Words   |  8 PagesTraditional Originalism led the court as the method of constitutional interpretation until the late nineteenth century. Judges were compelled to interpret the Constitution based on the original meaning of the provisions. The Originalism view interprets the constitution line by line exactly as the founders would have found it. Later, during the early twentieth century, progressives in the legal community proclaimed that due to the changing social environment as time goes on in the nation, the political

Romeo and Juliets Love - 1469 Words

Romeo and Juliet’s love was doomed from the start. Juliet’s lust for power ( Thats a very interesting idea. I only thought she had the boy-girl kind of lust. ) was destined to destroy her relations with Romeo. Capulet forces (betroths) Juliet to marry Count Paris, a man she does not love. When she refuses to marry him, Capulet threatens his daughter and says, â€Å"†¦get thee to church o Thursday, or never after look me in the face†. This causes Juliet to take her own actions against his (her?) father’s will. She does not want to marry Paris and so she begins to manipulate those close to her in order to get what she wants. To Friar Lawrence she says to him, â€Å"I long to die if what thous speakest speak not of remedy†. However by doing so she†¦show more content†¦But it is a nice thought. Type of Work .......Romeo and Juliet is a stage play in the form of a tragedy in which teenagers from feuding families fall in love and marry against the wishes of their parents. Key Dates Date Written: Between 1593 and 1596. First Printing: Corrupt, pirated, unauthorized text, 1597; authorized text (corrected by publisher Thomas Creede), 1588-1599; authoritative text, 1623 as part of the First Folio. Sources .......The main source for the plot of the play was The Tragical History of Romeus and Juliet (1562), by Arthur Brooke. Brookes work, a long narrative poem, was based on a French version (1559) of the tragedy by Pierre Boiastuau, who based his story on a 1554 Italian work by Matteo Bandello (1485-1561), a monk and author of 214 tales. Sources for certain plot devices or plot content probably included Il Novellino (1476), by Masuccio of Salerno; Hystoria Nouellamente Ritrouata di Due Nobili Amanti (1530), by Luigi da Porto; and the ancient mythological tale of Pyramis and Thisbe.. Settings . .......When the play opens, it is nearing mid-morning on a Sunday in July. The main setting is Verona, a city in the Veneto region of northern Italy. The city is about 65 miles west of Venice. The ruler of Verona at the time of the legendary Montague-Capulet feud was Bartolomeo della Scalla, who died in 1304. (In Italian the Scalla name is Scaligeri; in Latin, it is Scaligerus). Part of the action in the play takes placeShow MoreRelatedRomeo and Juliets Love Is Doomed by the World Around and Its Own Intensity929 Words   |  4 PagesRomeo and Juliet’s love is doomed by the world around it and by its own intensity. Shakespeare, in one of his earliest plays, ‘Romeo and Juliet,’ written around 1600, explores a number of themes, including love, hate, fate and generation gap. Very early in the play he suggests that the love between the title characters is doomed. He no doubt blames the world around them especially the older generation for such a tragedy. However, he also implies that fate and the intensity of the love between theRead MoreWilliam Shakespeare s Romeo And Juliet977 Words   |  4 PagesLove is like a flame, it provides you with warmth, but too much of it can also burn you. Such is the plot of the play, Romeo and Juliet by William Shakespeare. It is a tragedy about two lovers, Romeo and Juliet, who unfortunately, belong to families who bear an ancient grudge against each other. In the play, Romeo and Juliet fall in love and quickly decide to marry each other. At the end, Romeo and Juliet’s decisions cause their untimely death, but in reality, there were other peopl e who also contributedRead MoreWilliam Shakespeare s Romeo And Juliet1708 Words   |  7 Pagesfuture. These contradictory beliefs can be seen in the play Romeo and Juliet by William Shakespeare, as two lovers make ill-considered decisions that lead to their deaths, yet the force of fate largely assists to their mishaps as well. This uncontrollable force of fate brought hardships to Romeo and Juliet, therefore causing them to be â€Å"star-cross’d lovers,† or lovers destined to misfortune simply due to fate. While Romeo and Juliet’s poor decision-making contributed to the prevention of the twoRead MoreRomeo Juliet: a Superficial Love1000 Words   |  4 Pages1D7-05 C. Bucci May 23, 2008 Romeo Juliet: Superficial Love There are infinite ways to define love. Love has become such an ambiguous and vague term, though it is one of the most recognizable of human emotions. It has existed as far back as humans remember and love has been a source of interest and inspiration in the Arts, Religion, Sciences, and most popularly, in Literature. The most memorable and popular work of love is William Shakespeare’s tragic Romeo Juliet. What is so remarkableRead MoreEssay on Juliets State of Mind in Shakespeares Romeo and Juliet832 Words   |  4 PagesOver the course of Act III, Juliet’s state of mind transforms from naà ¯ve and innocent to impulsive and independent due to the aspects of loyalty, love and maturity. Although conflicts begin to unfold, Juliet, despite the loss of her cousin Tybalt, remains faithful and honest to her newly wedded husband, Romeo. Juliet lived in a rather obedient lifestyle, as she was growing up – obeying her parent’s orders and everybody’s expectations, but as her affections towards Romeo continues to flourish, so doesRead MoreEssay on Juliets State of Mind in Shakespeare ´s Romeo and Juliet842 Words   |  4 Pages Juliet’s love and loyalty towards Romeo, and her developing character do not only play an important role in motivating her in speaking the lines that she does, but also in motivating her actions. Despite all the current events that have occurred; events that have affected her state of mind, Juliet decides to remain true and faithful to Romeo. Juliet’s state of mind at this point in the play definitely revolves around this idea of light vs. dark – her fears and hopes. After hearingRead MoreTheme Of Light And Dark In Romeo And Juliet973 Words   |  4 PagesThe Tragedy of Romeo and Juliet is one of the greatest love stories ever told. This is evident in today’s society, with the story being retold again and again in theatre productions, books, and movie spinoffs. The story is of two lovers, whose love was doomed from the start due to their disputing families, the Capulets and Montagues, who would never see a marriage between the two. Romeo and Juliet eventually take their own lives, ceasing their families’ fighting. William Shakespeare, the playwrightRead MoreWilliam Shakespeare s Romeo And Juliet1595 Words   |  7 Pagesfamilial love as harmful and, as a result, 1950’s parenting guides, mother’s associations and medical experts rang with warnings against showing affectio n toward children, they stated that doing so spread disease and caused mental health issues. Government-issued brochures advised mothers and fathers to â€Å"never kiss a baby† and to not â€Å"rock or play with children†. The director of the American Psychological Association warned â€Å"when you are tempted to pet your child, remember that mother love is a dangerousRead MoreRepresentation of Love in Romeo and Juliet915 Words   |  4 PagesThis world-renowned tragedy is centered on the love between the characters Romeo and Juliet, as the lines above bring out. Although these two teenagers love is the focus of the story, many other views of love are expressed and presented by various characters. Three of these many views include Romeos love for Rosaline, the Friar Lawrences view of love, and most significantly, Romeo and Juliets love for one another. Two households, both alike in dignity... From forth the fatal loins of theseRead MoreRomeo And Juliet Character Analysis890 Words   |  4 PagesThe story of Romeo and Juliet written by William Shakespeare is by far one of the most profound romantic plays known to the world. Shakespeare has written many famous poets; plays having Romeo and Juliet his most famous and known pieces of literary art. William Shakespeare is a master in literary entertainment but an unknown man in history, but yet the most known English poet, actor, playwright and regarded as the greatest English writer in the worlds history. Each of Shakespeare’s works has a theme

Impact of Workers Compensations Productivity †MyAssignmenthelp

Question: Discuss about the Impact of Workers Compensations Productivity. Answer: Introduction Compensation is deemed to be extremely vital for effective performance of the employees. For this reason, it is deemed to be very important that organizations are aware of the factors related to compensation that can enhance performance of its employees (Glaser Strauss, 1967). Considering the same, the paper intends to explain the research methodology that has been used in investigating the impact of workers compensation on the productivity of employees. The paper will explain the research methods, sampling technique and sample size, data collection technique, analysis method, ethical aspects along with the limitations involved in selected research methods. The described research methodology on the topic will help the researcher in attaining a particular path that can further support in attaining authenticity and research validity. Moreover, it will also facilitate in attaining efficient opportunities that can facilitate proper data analysis, enhance the reliability of research find ings along with gathering effective recommendations. The research intends to investigate the impact of workers compensation on the productivity of the employees. Considering the research objective, qualitative research method was deemed to be suitable in this study (Gordon, 2016). This is for the reason that qualitative data offers an efficient and detailed picture in gathering the reasons regarding people acting in certain manner along with their feelings on such actions. In alignment to this research, use of qualitative methodology explained that the employees of the selected hotel are facing issues associated with their compensation. This is further impacting the productivity of the employees. Qualitative research method is considered to be reliable in this investigation for the reason that it offers valuable information that can be used in deciding the most effective compensation plan in hotels enhancing employee performance (Gummesson, 2014). Data gathered from employing qualitative methodology has facilitated in description the q ualitative or characteristics of the variables set in the research. It can also offer with detailed information on employee behaviour, emotion along with personality characterisers regarding their performance. Qualitative research is observed to be in the form of naturalistic observation like entrophology and structured interviews. In following this research methodology, the researcher focussed on observing the trends in the gathered data rather than carrying out statistical evaluation management (Lincoln Guba, 1985). Population, Sampling Technique and Sample Sampling can be explained as a process that facilitates the researcher in selecting the suitable target respondents from a selected sample population (Mansell, 2015). In carrying out research on the impact of employee compensation provided by the hotel on its employees, sampling technique was employed. Purposive sampling method was employed in this research for the reason that the selected participants were selected (Mansell, 2016). Purposive sampling is observed to be a non-probability sampling technique that is chosen based on the characteristics of research population along with the study objectives. This is selected in this research because of the reason that the researcher had a viewpoint that they can attain a representative sample through employing an effective judgment. This further facilitated the researcher in saving money and time along with ensuring the reliability of research findings (Lincoln Guba, 1985). This non-probability sampling was highly helpful in this researc h as very limited primary data sources were available in investigating impact of employee compensation on their performance. Sample size that was selected in the interview process included just 1 supervisor of the selected hotel. Population size selected in this research is also considered to be 1. Moreover, 20 open ended questions that contained 20 words in each question were developed for this research. In the research of employee compensation impact on their performance, both the primary as well as secondary data was gathered in order to attain suitable research findings. Primary data collection method was selected to be interview process in which 1 supervisor of the selected hotel was chosen as population size. Moreover, 20 open ended questions that contained 20 words in each question were developed for this research. Structured interview was conducted in this research that included a series of previously determined questions that the interviewee answered in the same order (Mukhopadhyay Gupta, 2014). Data analysis on this data collection method is intended to be highly straightforward for the reason that it facilitates the researcher to contrast and compare differences in answers for similar questions. The sample size that was selected in this research was 1 as only one supervisor was selected to take part in the interview process. Secondary data for investigating the impact of e mployee compensation on their performance was collected from the website of the selected hotel, its publications, some reliable websites along with authentic journals and books (Munn et al., 2014). Secondary data sources were employed for this research as its saves a great amount of time and cost because of its easy availability from the internet medium. Through this data collection technique data might be gathered that are both external and internal to the selected hotel management. The data analysis techniques that were employed in investigating the impact of workers compensation on enhancing the employee productivity includes open coding general themes and axial coding (Patton, 2002). Open coding general themes in this research were conducted through certain theme identification that is deemed to be one among the most important asks in the qualitative research. This type of coding was employed in this research for initial coding of considerable position of the transcripts, recognising recent themes and them shifting to focussed codlings. Explicit explanations of the theme are considered to attain effective research findings. Moreover, axial coding data analysis technique was employed in this research that considered disaggregation of certain major themes taking place in qualitative analysis (Short, 2016). This is deemed to be a process of associating codes such as employee performance and compensation to one another through combination of deductive and inducti ve viewpoints. Ethical Consideration Taking into consideration the nature of the qualitative research, the interaction among the participants and the researcher might be ethically challenging for the former. This is for the reason that they are involved personally in all the stages of the research (Spradley, 2003). In such situation development of proper ethical guidelines is deemed to be highly necessary. Abiding by the ethical considerations, the researcher made sure that the study maintains confidentiality, informed consent and anonymity of the research. The researcher also made sure that he is well informed about several aspects of their responsibilities in carrying out interview with the survey participants. It was entertained that the responses of the survey participants were not biased and they were stored in a confidential manner (Spradley, 2003). Moreover, the research carried out was the sole work of the researcher and the data analysis was not plagiarised from the data sources. The researcher also made sure t hose delicate questions was not asked to the selected participants of the interview along with that mutual consent was taken from them before they take part in the interview process. Most authentic and reliable websites were employed in gathering relevant data associated with the research (Tracy Redden, 2015). Despite numerous advantageous implications attained from investigating the impact of workers compensation in enhancing employee productivity, there are certain limitations to the study as well (Mukhopadhyay Gupta, 2014). For the reason that data has been collected from secondary sources genuineness of the collected information is the major restraint that might develop an obstacle between research findings and attainment of its objectives. Data collected from the secondary sources might be outdated because of which data reliability might be impacted. This adds to another limitation of the research. Moreover, as the research employed the interview data collection technique another limitation can be associated with the interview participants (Patton, 2002). This is because the employees have an intention of showing a positive image of the company through not disclosing the major concerns. This might create a hurdle in recognising the concerns faced by the employee in the selected hotel regarding compensation for making effective recommendations for overcoming them. The researcher also considered the limitations of qualitative research that it tends to have less statistical power than quantitative research in verifying trends management (Munn et al., 2014). Conclusion The paper will explain the research methods, sampling technique and sample size, data collection technique, analysis method, ethical aspects along with the limitations involved in selected research methods. It was gathered from the paper that the research intends to investigate the impact of workers compensation on the productivity of the employees. Considering the research objective, qualitative research method was deemed to be suitable in this study. Moreover, ethical considers stated that the researcher also made sure that he is well informed about several aspects of their responsibilities in carrying out interview with the survey participants. It was entertained that the responses of the survey participants were not biased and they were stored in a confidential manner. The methodology section elaborated that data gathered from employing qualitative methodology has facilitated in describing the qualitative or characteristics of the variables set in the research. References Glaser, B. G., Strauss, A. L. (1967). The discovery of grounded theory: strategies for qualitative research. New Brunswick, N.J.: Transaction Publishers. Gordon, T. J. (2016). The Delphi Method. Futures Research Methodology, AC/UNU Project. Gummesson, E. (2014). Service research methodology: From case study research to case theory.Revista Ibero-Americana de Estratgia,13(4), 8. Lincoln, Y. S., Guba, E. G. (1985). Naturalistic Inquiry. Newbury, CA: SAGE Publications. Mansell, W. (2015). Classification of psychopathology and unifying theory: The ingredients of a Darwinian paradigm shift in research methodology. Mansell, W. (2016). Classification of psychopathology: The ingredients of a Darwinian paradigm shift in research methodology. Mukhopadhyay, S., Gupta, R. K. (2014). Survey of qualitative research methodology in strategy research and implication for Indian researchers.Vision,18(2), 109-123. Munn, Z., Porritt, K., Lockwood, C., Aromataris, E., Pearson, A. (2014). Establishing confidence in the output of qualitative research synthesis: the ConQual approach.BMC Medical Research Methodology,14(1), 108. Patton, M. Q. (2002). Qualitative Research and Evaluation Methods (Vol. 3). Thousand Oaks, C.A.: Sage Publications. Short, K. G. (2016). Critical content analysis as a research methodology. InCritical Content Analysis of Children's and Young Adult Literature: Reframing Perspective. Taylor and Francis Inc.. Spradley, J. P. (2003). Qualitative Approaches to Criminal Justice: Perspectives from the Field. Thousand Oaks, C.A.: Sage Publications. Tracy, S. J., Redden, S. M. (2015). Drawings as a visual and creative qualitative research methodology in organizations.Handbook of qualitative organizational research: Innovative pathways and methods, 218-236.