Alexander Hamilton's Interpretation Of The Constitution

Federalist Alexander Hamilton regarded the Constitution as the fundamental law, which is superior to any state statute, and as a limited Constitution. In Federalist Paper Number 78, Hamilton argues that the Supreme Court should have the authority to invalidate acts of Congress that are deemed unconstitutional, and that if there is a variance between the Constitution and a law passed by Congress, federal courts have the responsibility to follow the Constitution. Paper Number 78, having been cited in thirty-seven Supreme Court opinions as of April 2007, has had an immense influence on the debate regarding the interpretation and application of the Constitution (Coenen). Supreme Court Justice Antonin Scalia is an advocate of textualism, arguing that the meaning of the Constitution lies in the words of the document, and that the Constitution should be regarded in favor of its “original meaning”. Justice Stephen …show more content…
However, as Breyer points out, different judges emphasize, on different levels, the consequences, history, language, and purpose when interpreting a statute or the Constitution (Breyer 297). It is crucial to respond to the issues the American people are facing; nonetheless, the rights provided to Americans in the Constitution cannot be taken away. However, they should be limited to protect the American people from facing the harrowing consequences of violence amendments in the Constitution allow. I would suggest a test, like the nature of the Miller Test, to see if a law or statute is taking away the full Constitutional right of an American. I believe that the test should be created by a new committee in Congress, or of a committee of independent historians selected by the Executive Branch. Examples of the basis in which the judiciary would determine if the law or statute revokes the constitutional right of an American would be as