Debating Democracy (the Judiciary: How Should it interpret our Constitution). Who is correct? Scalia or Breyer why?

The issue with regard to the interpretation of the Constitution is one that has been widely debated over the years . It has been maintained by Justice Breyer that it is acceptable to use foreign sources in interpreting these laws . Another school of thought led by Justice Scalia argues that it is not acceptable because such is abhorrent to the concept of democracy . At the onset , this writer must state that it is the second school of thought that is most acceptable because the concept of Democracy is one that is personal to the

democratic nation and the people . As such the Constitution should be interpreted in the manner that the people who comprise the democratic nation deem it to be

In to arrive at a better understanding of this argument , it is important to remember the basic foundations of a democratic system . A democratic system is often mistakenly characterized as the rule of the majority . While there is usually a large group of middle class individuals that comprise this democratic system , it does not necessarily mean that the majority rule . This only means that the majority usually elects the representative to office but the hallmark of any democracy is still the protection of the rights of the minority . It is this understanding which is essentially the source of all the confusion because the United States of America has come to be the melting pot for many different races and cultures

In relation to the point that the Judiciary should interpret the Constitution without foreign influence , it must be understood that the Judiciary serves the citizens of the United States . Therefore , the relationship between the people who comprise the Democracy and the Constitution that it abides is direct . A constitution is not to be determined by the morals or laws of another country precisely because they do not belong . It is the people who should agree upon and determine the law that binds them . It should never happen that a foreign law would have influence over the laws of the United States of America because such would be tantamount to allowing foreign laws to rule over American Citizens . While admittedly there may be something to learn from foreign laws , it must still be remembered that the Constitution of the United States was created by the forefathers and ratified by the people . If anyone should determine its meaning , it should be these people and not some foreign law

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