U.S Supreme Court Antonin Scalia as a textualist

Introduction The concept of separation of powers aims at ensuring that branches of government with different tasks and mandates perform their duties independently without interference according to their areas of specialization. The main reason for such specialization is to limit the power that each branch of government has in a bid to prevent the creation of moral hazard.Advertising We will write a custom essay sample on U.S Supreme Court: Antonin Scalia as a textualist specifically for you for only $16.05 $11/page Learn More Additionally, such separation prevents one branch of government from interfering with another’s operations and performance of duties. However, it is essential to ensure that the branches of government operate within their mandate without overstepping their power. Since the three bodies constitute the highest offices in government, they should keep each other in check. Separation of power has often resulted in controversy as t he legislature and the judiciary’s powers sometimes overlap due to constitutional and statutory interpretations. The paper discusses some of the ways in which the theory of textualism makes interpretation easier, simplifies challenges, and how the theory compares to the theories of originalism and common law use of the principle of precedence in terms of objectivity and ease of application. The paper explores the three theories according to sentiments by the U.S Supreme Court judge Antonin Scalia in his work, A Matter of Interpretation: Federal Courts and the Law. Textualism: Antonin Scalia Antonin Scalia is a Judge of the Supreme Court – a position that he has held for the past twenty years. Scalia’s extensive experience in the judicial system has made his opinion on statutory and constitutional interpretation noteworthy, especially when conducting analyses on other theoretical approaches to the same. In his book, A Matter of Interpretation, Scalia clearly expr esses his support and preference for the textualist approach of interpretation. According to Scalia (1998), the most suitable interpretation of the constitution and other statutes is one where â€Å"the text is the law†¦and it is the text that must be observed† (p. 11), as it is simple, complies with constitutionality, and prevents the inclusion of personal prejudices during the interpretation process. In essence, textualism proposes a method of interpretation of statutes according to the meaning of the actual text and language in a statute. Scalia (1998) states that the ordinary meaning of a text governs the interpretation and that judges should not go outside the text to seek a meaning through the application of factors such as the intention of the law. In his opinion, textuality provides a sense of simplicity when interpreting legislation that most other methods lack (p.14).Advertising Looking for essay on constitutional law? Let's see if we can help you! Get you r first paper with 15% OFF Learn More Additionally, such simplicity eases the interpretation process and shortens the amount of time that a court spends contemplating on a decision, without compromising any of the statutory or constitutional provisions (Scalia, 1998, p.15). Another advantage that Scalia mentions in his text is the view that the adoption of textualism in interpretation creates uniformity in interpretation that other methods lack. Scalia (1998) explains this point by positing that the uniform application of statutes and constitutional provisions creates a possibility for uniformity in interpretation resulting in easy application of the law if judges choose to use textualism as opposed to any other method of interpretation (p.20). In Scalia’s view, the use of factors such as intention and legislative history results in subjective decisions and opens doors for personal prejudices, which becomes problematic because judges might use such criteria to create their version of what they think the law, should be instead of what it is. He expressly states, â€Å"My view that the objective indications of the words, rather than the intent of the legislature, is what constitutes the law leads me, of course, to the conclusion that the legislative history should not be used as an authoritative indication of a statute’s meaning† (Scalia, 1998, p. 29). Although Scalia’s arguments make a lot of sense, some scholars, especially in the law profession, argue that the theory has limitations like any other theories, and thus it does not qualify as the easiest theory to use in terms of flexibility and adaptability to changes in societal values. Some of the prominent theories that provide a comparison in application to textualism include the original intention theory and use of precedence. Original intent (originalism) The original intent theory of statutory and constitutional interpretation suggests that in order for judges to obtai n the correct interpretation, they must consider the intention of the legislature at the time of the statute’s inception and then apply such findings to cases at present. Proponents of this theory justify its formulation by stating that it aims at ensuring that judges understand the meaning of the text in statutes clearly before application (O’Brien, 2012, p.102). In this case, the intention of lawmakers suffices over the literal meaning of the text. Proponents of originalism argue that the vague nature of the constitution and statutes makes a literal reading of text problematic.Advertising We will write a custom essay sample on U.S Supreme Court: Antonin Scalia as a textualist specifically for you for only $16.05 $11/page Learn More However, consideration of the intent of the legislature using the test of a reasonable man eliminates such limitation and results in ease of application. The proponents also state that the meaning of the law d oes not change even as society changes, thus safeguarding the core societal values it aims to protect. These arguments make sense in the light of globalization and the adoption of selective cultures, both of which create the potential risk of loss of identity in any society (Scalia, 1998, p.186). Although the application of the theory sounds simple, certain difficulties exist in terms of uniformity of interpretation. Different people interpret common situations differently. For instance, some people choose to focus on the positive side of any situation, while others bear an inclination to notice the negative. In the same way, some scholars, including Scalia, point out that it is nearly impossible for all judges to interpret the text in statutes the same way. The element of ambiguity is often the source of such lack of synchronicity. Secondly, reference to the original intent prevents the application of the statute in later cases whose facts comply with the application of the literal text meaning, but fails in terms of application according to the intent. One of the issues that have so far proven this point is the issue of homosexuality. Most legislative bodies in federal governments during the 1980s outlawed homosexuality in express terms. In current years, activism in support of gay rights has ignited the need to revisit the statutes. However, consideration of the original intent has so far been one of the reasons why incorporation of such rights into law has been nearly impossible. According to Scalia (1998, p.190), the basis for original intent is erroneous, thus creating possible grounds for nullification of the theory with regard to the interpretation process. Scalia (1998, p.182) cautions that with more than five hundred members of the legislature, it is nearly impossible to ascertain the collective intention of all the members when establishing original intent in any statute. Additionally, the application of original intent requires one to revisit legis lator history, which creates a lack of appropriate respect for the wording of the text (Scalia, 1998, p.179). Comparison of the theory to textualism indicates the latter to be simpler in application. However, it is important to note that both theories possess elements that overlap with such ease of application, thus making them appear relative albeit only with regard to ease of application. Common law use of Precedence The principle of precedence essentially suggests that in order to establish the applicability of statutes and the constitution to cases, a judge or lawyer has to consider previous judicial decisions on matters exhibiting similarities in terms of facts. Ordinarily, the principle aims at creating a sense of uniformity and consistency in decision making that eases the task of judges and lawyers when evaluating cases.Advertising Looking for essay on constitutional law? Let's see if we can help you! Get your first paper with 15% OFF Learn More However, the uniqueness of some facts in specific cases makes adherence with such uniformity problematic. Usually, in instances where the points in a particular case reveal elements absent in past cases providing precedence, a judge has to make a fresh decision for purposes of utilization as precedence in future cases (O’Brien, 2012, p. 309). The concept adheres by several rules, one of which is that the facts in the current case have to exhibit striking similarities with the applicable case law. Secondly, the hierarchy of courts dictates the effect that the precedent has on the current case. Usually, the high court, court of appeal, and the Supreme Court create decisions that are binding in nature while those of lower courts often have a suggestive appeal as opposed to an authoritative one (Scalia, 1998, p.190). Thirdly, case law, which is the primary source of law concerning this principle, serves to fill gaps regarding certain matters for which statutes provide no satisfac tory means of resolution. Ideally, the application of precedent cases in decision-making eliminates the need to deal with issues of ambiguity and vagueness (O’Brien, 2012, p. 421). The use of past cases with similar facts makes it easy for lawmakers to establish a decision. An analysis of these facts reveals this method of interpretation to be comfortable and more practical than originalism. However, this theory is not without its challenges. One of the most controversial issues surrounding the theory’s application is its tendency to overlap with the legislative mandate regarding the formulation and enactment of laws in statutes. Scalia (1998, p.178) argues that the principle creates a threshold through which the judiciary crosses into the territory of the legislature, thus breaching the concept of separation of powers. He notes that the legislature reserves all rights to formulate laws while the judiciary’s task is to enact these laws. However, by creating case law and using it as a basis for decision-making, the judiciary turns itself into a law-making body, which is contrary to its purpose (Scalia, 1998, p.189). In his book, Scalia (1998, p.192) argues that this mistake comes from educational institutions that teach students how to derive law from past cases. By doing so, law professors create a breed of lawyers and judges that considers case laws more as compared to what it does to actual law in statutes and the constitution. He explains that even though the principle still gives regard to statutory law, the importance that it accords such law is not as high as it should be. In his opinion, the application of case law as the basis for decisions creates a scenario where historical legislation overshadows current legislation and diminishes the importance of the legislature (Scalia, 1998, p.194). Therefore, the principle in Scalia’s view is flawed and it fades in comparison to his textualism principle. Conclusion Theoretically, usi ng the principle of textualism as a method of constitutional and statutory interpretation is easier than applying theories such as precedence and originalism as the application of the law does not require any interpretation other than the literal meaning of the text. However, the practical aspect of such application reveals that the principle is riddled with limitations like any other theory. References O’Brien, D. (2012). Judges on Judging: Views from the Bench (4th ed.). Washington, DC: Congressional Quarterly Press. Scalia, A. (1998). A Matter of Interpretation: Federal Courts and the Law. Princeton, NJ: Princeton University Press. This essay on U.S Supreme Court: Antonin Scalia as a textualist was written and submitted by user Judah V. to help you with your own studies. You are free to use it for research and reference purposes in order to write your own paper; however, you must cite it accordingly. You can donate your paper here.

Why Do You Want to Join the Program?

Why Do You Want to Join the Program?There are many reasons why some people decide to take a sample essay for another student. Most of the times, this is not done by a teacher, but by an independent student. The main reason for taking a sample essay is to give the student a better insight about the subject matter.Sometimes, people might feel that a sample essay is useless. They think that the reason for getting it is just to help the student get into the college and not to help them with the actual subject matter. This is not true at all. However, a good essay for writing a sample essay helps the student understand the subject matter in better detail.The next question that you might ask yourself is 'Why do I want to join the program?' Well, there are many reasons why someone would like to apply for an organization that provides such services. The reasons could be because they have no parents or relatives who can teach them the subject matter or because they have no chance to attend th e school due to their busy schedule.There are other reasons that people who take a sample essay to take. One example is if the applicant wants to go abroad to study or go on a study trip. Another is if the applicant has a very special talent like playing the violin or they love to write essays and want to use this talent.However, the most common reason is to avoid high tuition fees in colleges. Some students might think that taking the program from home will allow them to save their money instead of paying the high fees.If the applicant has a time frame for going to the school, then the interview process might take a longer time. But if the applicant doesn't have a time frame for this, then the applicant will be able to choose a college according to his/her preference.As you can see, there are many different reasons for a person to take a sample essay. So, when you make your choice, make sure that you make your selection based on what will be best for you.

insider essays

insider essays A dramatization of 1995 events in which the tobacco industry allegedly covered up proof that nicotine is addictive and harmful. When Brown and Williamson executive Jeffrey Wigand (Crowe) tries to expose the industry's cover-up, he is threatened into silence. He eventually gets his story to 60 Minutes producer Lowell Bergman (AL Pacino), but CBS decides against airing it due to political and economic pressures, and the threat of lawsuit from Brown and Williamson. Before we start, I think it's important that you know a little thing about me, and where I'm coming from. I do smoke. But I believe that most of the lawsuits filed against the tobacco industry are unfounded, desperate attempts for people to put the blame on anyone but themselves. I think social security is a safety net for the financially irresponsible. I thought The Insider was a great movie from a strictly entertainment perspective (don't get ahead of me on this one!), and I enjoyed it very much. Russell Crowe is Jeffrey Wigand, a Brown and Williamson VP of Research and Development whose conscience compels him to blow the whistle on the industry. He claims that Big Tobacco has been covering up scientific research that proves nicotine is addictive and harmful. The writing puts a lot of energy into making sure that Wigand is a sufficiently complicated character, and one that we sympathize with. To be sure, he's not entirely one-dimensional. Initially, he does what most of us would do in his position: he takes the money and benefits that the company offers him in return for silence. After all, the guy has a family to look out for. But then Wigand is tortured over his passiveness, wondering if he should take a more aggressive stance with his potentially damaging knowledge. 60 Minutes producer Lowell Bergman, sensing a big story in the works, tries to coax Wigand into talking. An energetic Al Pacino, who fights to get the story on the air, only to have i ...

What Went Wrong for eastman Kodak Essay Example | Topics and Well Written Essays - 1250 words

What Went Wrong for eastman Kodak - Essay Example Thirdly, Kodak was unable to make the new digital technology to fit coherently with its other capabilities as a core competency. In the subsequent paragraphs in this discussion, Kodak’s approach in these three strategies is compared with IBM’s in order to highlight the ultimate failure of the former and the success of the latter. Kodak rise to dominance in the imaging industry was characterised by it use of a razor-edged strategy. This strategy was implemented by selling cameras at a very low cost, and earning profits from the sale of expensive films. The high margins on film fuelled the company’s profitability and growth to the extent that the company became too dependent on its film business. The problem with this is that the company concentrated on acquiring core competencies on film technologies while it continued to pay less attention to equipment. In spite of pioneering in the field of digital cameras, the company discarded the idea of pursuing future compe titive advantages in that field because of the fear that this would cannibalise its film business (Nate, 2012). According to the resource-based view of strategy, firms that have superior systems and structures are profitable not because they engage in strategic investments that may deter entry and raise prices above long-run costs, but because they have markedly lower costs, or offer markedly higher quality or product performance. However, this strategy is often not enough to sustain significant competitive advantage for long. According to Teece, Pisano and Shuen (1997), winners in the global marketplace have been firms that can demonstrate timely responsiveness and rapid and flexible product innovation, coupled with the management capability to effectively coordinate and redeploy internal and external competences. Kodak’s failure arose from its management’s comfort with its present huge resources and core competencies which prevented them from developing dynamic c apabilities. In 2011 IBM marked its 100 year milestone. As two centenarians, it would be appropriate to compare IBM’s continued success against Kodak’s demise. IBM, like Kodak, has faced the full force of disruptive change on its core business as faster, cheaper and nimbler competitors rapidly ate away its market leadership. In the early 80s IBM introduced the IBM PC that created the first truly mass market for the personal computer (Koehn, 2011). However, within a decade IBM had fallen behind in this market that it had created so much that in the 1992 financial year the company recorded a US$8.10 billion loss (Denning, 2011). Knowing customers intimately In the early 90s when IBM was performing its worst the financial analysts believed the company’s best bet for survival was to break it up and sell it. However, the newly appointed CEO Lou Gerstner overcame that pressure and instead focused on interacting with customers and industry experts in order to under stand IBM’s value-proposition from the customer/market perspective. This exercise enabled the new CEO to identify IBM’s greatest strength to be its ability to provide customer with integrated solutions. As such the organization dropped the earlier desire to split the company. Splitting IBM would have destroyed its unique competitive advantage. Armed with this knowledge Lou Gestner changed IBM strategy to be an enterprise that could understand and provide its customers wide-ranging IT needs. Today, IBM’s Global Services provides the largest share of the company’s revenue (Koehn, 2011). On the other hand, Kodak acted as if it were not affected when Sony introduced the Mavica digital camera.

Community Engagement Research Paper Example | Topics and Well Written Essays - 500 words

Community Engagement - Research Paper Example Additionally, during the exploration activities, the company ensures that they provide funds to assist in the establishment of projects or in compensation of the ones which are destroyed in the process. One of the notable way through which the companies protect the interest of the local communities is by ensuring that the environment is not negatively affected as well as reduction in the carbon emissions. Thus, the companies undertake Environmental Impact Assessments (EIA) whose findings are vital during the consultation process (Community Benefit, 2014). On their part, the communities provide their representatives who engage in consultation with project team leaders and making recommendations. The companies’ philosophy is based on talking to local residents and representatives at all the stages of the exploration process. In its effort to inform the public, Cuadrilla and other companies ensure that they announce the proposed exploration sites. For instance, in January 2014, C uadrilla announced new exploration location in Flyde and currently it is consulting with the local communities about their proposal. Thus, the communities have an opportunity to provide feedback on the company’s proposal. Apart from holding meetings with local associations and interested parties as well as communities, the companies consult with local businesses on a one to one basis. In this way, the companies ensure that the interests of the business communities are taken into consideration while at the same time ensuring the responses are clear and avoid the confusion (Cristina, 2014). UK shale gas companies have also embarked on undertaking public exhibitions whereby large number of people provides ideas that are vital in the formation of the development proposals. Additionally, public exhibitions provide ample opportunity through which the questions from the members of the

Aspects of the Tragiccomedy As I Lay Dying Essay Example for Free

Aspects of the Tragiccomedy As I Lay Dying Essay William Faulkner’s As I Lay Dying is both comic and tragic in many ways throughout this book. This is a story of a family who carts their dead mother, Addie, to be buried in her hometown in Jefferson. There are fifteen monologues from this book including one from Addie. The family goes through horrendous obstacles in order to complete their trip. Addie is the heart and soul of this family yet she never wanted this life. Addie’s father would tell her, â€Å"The reason for living was to get ready to stay dead a long time. 169. So she took Anse for a husband and gave him Cash and Darl. After she had Darl she made Anse promise to bury her in Jefferson when she died. But Anse wanted more kids. Addie had an affair with Mr. Whitfield and had Jewel. She gave Anse Dewey Dell for the negative of Jewel and last Vardaman. Addie is bitter about her life and doesn’t show the love and affection towards her kids except to Jewel her favorite. As long as she is around this family the more suffering she will bring to them. All her children except Jewel want her love and kindness but she rebukes them. In the beginning of their journey Jewel takes horse with him, but Anse is against this because he feels it is disrespectful towards Addie. Jewel should be riding in the wagon with everybody else. They come to a bridge which has just collapsed because of the weather and the river is moving very fast. It will take the trip longer if they go around so the Bundren family makes up a plan and goes through it. Cash and Darl make their way across the broken bridge when the wagon tips. Darl was supposed to hold on the coffin but instead lets it go hoping that God will take care of her and that would end their trip. However, Jewel went into the river to rescue his dead mother from the river and foiled Darl’s plans. Cash has a broken leg but he’s lucky because it was the same leg he had broken before so he is not begrudging it. Cash holds off on medical treatment until they bury Addie. When they come to rest at Mr. Gillippsie’s barn Darl has had enough of this trip all he wants to do is end it and send Addie on her way, peaceful like in her sleep. So Darl sets the barn on fire, livestock and all. However, Jewel comes to the rescue again and saves the coffin from being burnt. Vardaman knows Darl set the barn on fire but lke a good brother he keeps it to himself and doesn’t tell anybody. The rest of the family suspects it is Darl and are going to deal with him after they bury Addie. Darl introspectively has an insight to his family’s secrets. He has discovered that Dewey Dell is pregnant and is going into town to get a treatment for an abortion; Jewel is not Anse’s son, and by that thought he taunts Jewel to no end. He knows Anse is going to Jefferson for a new set of teeth even if he has to beg, steal or borrow. Anse takes money from Cash and Dewey Dell, and then he sells Jewel’s horse to pay for a new mule team to get them to Jefferson. When they do reach Jefferson Addie is passed due and ready for the ground. Anse borrows a couple spades in order to dig the grave and they lay her to rest. Betrayed by Dewey Dell and assaulted by Jewel, Darl is taken away to the asylum. Only Cash understands him; only Cash and Vardaman pity him. Referring to himself in the third person, a sign of extreme self-estrangement, Darl says: Darl is our brother, our brother Darl. Our brother Darl is in a cage in Jackson where, his grimed hands lying light in the quiet interstices, looking out he foams. Yes yes yes yes yes yes yes yes. To the end it is a search for kinship that obsesses Darl, and his cryptic row of affirmatives may signify a last, pathetic effort to proclaim his brotherhood. Howe The characters in As I Lay Dying do not clearly communicate to one another. Each goes and does whatever they need to do for themselves with little regard for the other. Addie Bundren was a very private woman and would not have it any other way; I believe she passed that quality to her kids. Because, if they did talk to each other maybe there would be a better bond with all of them instead of guessing and tip toeing around the matter. In this tragic comedy book the irony is seeing what you hate inside multiply itself by 5. This is what Addie Bundren created. Dewey Dell is in the same place her mom was only a little worse off because she is not married. Darl is goes mad and heads to an insane asylum. Vardaman is trying to piece everything together and still believes his mom is a fish. Jewel is kinder to his mother in death then he was when she was alive and I believe he regrets that. Cash has one good leg and still has his carpenter tools, he’ll make it through somehow. Anse cannot live without a wife so when gets his teeth in Jefferson he introduces the children to their new mother.

Officer Fatigue Essay -- Police Departments, Moonlighting

Officer fatigue Officer fatigue can be a quite serious problem for police departments. Excess fatigue will generally reduce alertness, decrease performance and worsen mood. These symptoms can reduce officer's performance and safety with potentially life-threatening effects. Patrol officers are expected to remain alert and able to resolve complex, emotional, and potentially dangerous situations. They are expected to be able to multi-task, as well as stay alert during periods of inaction. These activities can be quite difficult for a fatigued officer to complete (Vila 1996). Community oriented policing efforts can be seriously compromised by officer fatigue with excess officer fatigue harming community-police relations (Vila & Taiji 1999). In several cases, the result of officer fatigue has been fatal both for the officer and for civilians involved in fatigue related incidents (Vila & Kenney 2002). There is not standardised or regulated method of controlling the time officers spend working as there is for pilots and truck drivers. As such, limited only be department policies, many officers will work enormous amounts of extra hours in overtime or moonlighting. There have been reports of officers in both Florida and Massachusetts working up 3,000 additional hours per year (Vila & Kenney 2002). In a study of the Jacksonville, Florida police department, the majority of officers were found to be moonlighting. Most of these officers moonlighted for ten hour or less per week. A number though worked over sixty additional hours per week, leading to average work weeks exceeding 100 hours. At the time, the department did not any polices restricting moonlighting hours. The then recently elected sheriff, reported planning to change this polic... ...ict of interest. While less likely to occur, a police officer moonlighting in certain medical fields or in some religious roles could conceivable create similar conflicts. Moonlighting officers will generally only respond to activity within their employer’s property. Many police state that they would intervene in some crimes such as robberies even if occurred outside their employed area, but said that they would leave most crimes to on-duty officers (Stewart 1985). This creates a situation that is both theoretically problematic and potentially harmful to the agency’s image. To the public, there is no reason why an apparently working officer in uniform should not be responding to ongoing criminal activity. The public sees only an officer not responding to a crime, the fact that they are actually moonlighting at the time and are not on-duty is lost on most people.