Judicial Activism Assignment Example | Topics and Well Written Essays - 750 words

Judicial Activism - Assignment Example The reason why I came down on Brennan’s side is that I find his point of view more realistic and progressive compared to Meese’s conservatism of sticking to the interpretation by the Framers of the Constitution, which is difficult, if not impossible, to determine.Borrowing from his words, I just find it unsettling that the â€Å"Constitution was meant to be interpreted only as the founding fathers intended† because it would be impossible to determine what their exact thoughts were given the time elapsed after the Constitution was framed.There may be notes and documents made during the debate in Philadelphia when the drafting of the Constitution was still in process but they will always be incomplete and can only give a hint of the intent of the Framers and cannot provide the total idea of the Framers when the Constitution was drafted.Assuming for the sake of argument that we should base our interpretations on the original intent of the Framers of the Constitution , the best record available during the drafting process of the Constitution that represents the thought of the Framers only represents about 7 percent of the Philadelphia debates.Gleaning from this figure, it is likely that succeeding interpretation would be to interpret it in the manner of judicial activism for the utter lack of documents to base the decision. I may wholeheartedly agree that the Framers of the Constitution had the noblest intention when they drafted the Constitution but they could not possibly anticipate nor box the realities of future according to the wisdom of their time.