Topic: `you Are What You Eat... Or Are You? How Is The Relationship Between Food And Identify Depicted In The Desert Smells Like Rain And Green Grass, Running Water.

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Type of paper:	Essay
Subject area:	Art
Academic level:	College
Style:	MLA
Size:	28.5 kB
Word count:	600 words/3 pages
Mark awarded:
Author:	Lucia Ware
Date submitted:	2008-11-21 18:40:22
Rating/Votes count:	5.00 / 1

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water, democracy, court, environment, rain, constitutional, dogs, bus, engineering, constitution, coyote, Supreme Court, Supreme, Native American, Native, Anonymous, memoir, Anonymous Sight

SEQ CHAPTER \h \r 1 For the past two decades , those in favor of
original intent /strict contructionism have been gaining some influence
over those who favor a ``living constitution ' interpretation of the
Constitution . This seems to correlate with the rise of conservative
influence over America in the past two decades . In response to the
liberal activism in what was called the Warren Court , conservatives
started to voice what was called the conservative critique . Most
visibly , this consisted of President Reagan 's attorney general , Edwin
Meese was ``unhappy with many of the Supreme Courts liberal decisions of
the preceding decades , Meese argued that it was meddling with the
affairs of the other federal branches and especially the state
governments (TDD 387 '
In response to Meese 's complaint on judicial activism , Supreme Court
Justice William Brennan Jr , argued in defense of the judicial activism
in what we think is the correct and most favorable interpretation on the
Constitution . Brennan puts forth many arguments in favor of what some
call a ``Living Constitution ' view of the Supreme Courts role in
judicial review .
Brennan first criticizes what those who favor Original Intent call
``the intention of the Framers ' in relation to how judicial review
should be carried out . Brennan attacks this doctrine by saying , ``It is
arrogant to pretend that from our vantage we can gauge accurately the
intent of the Framers on application of principle to specific ,
contemporary questions .the Framers themselves did not agree about the
application or meaning of particular constitutional provisions , and hide
their differences in cloaks of generality (DEB 325 ' This asserts
that because the Framers themselves didn 't agree , it would be impossible
to judge what the Framers intent would be , as there is no pure consensus
on certain constitutional provisions leaving the document incomplete and
ambiguous .
To view the strict constructionist versus Living Constitution in the
right context , one must see who the people are behind these terms . The
people who promote a strict constructionist view are almost exclusively
economic and social conservatives . This isn 't a coincidence as it is
clear to see that many of the major Supreme Court cases of the past
century have sided with a economically and socially liberal view .
This suggests that conservatives wouldn 't be against judicial activism
if the courts ruled in their favor , for instance what if the Supreme
Court all of the sudden ruled against legal abortion , banned gun laws ,
and got rid of welfare ? If this happened the very same people who were
once strict constructionist and anti-judicial activism would convert to
a pro-judicial activist view , and vice versa with liberals . Which leads
me to profess that I only prescribe to pro-judicial activism philosophy
because they have made ``liberal ' decisions in the past .
Brennan of course gives other reasons for a Living Constitution other
than the fact that the court has made liberal decisions . He argues that
a Living Constitution serves as a check against unconstitutional and
poor majoritarian rule by the legislature . Brennan reports...

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