The original text of the Constitution of the United States of America, written over 200 years ago, constitutes the supreme source of law in the American legal system. The seven articles and twenty seven amendments dictate understanding of fundamental principles of the federation’s functioning and its citizens’ rights.
The paper aims to present the evolution of the U.S. Constitution’s language interpretation as provided by its final interpreter - the Supreme Court of the United States. Example of the Second Amendment will be analyzed to present the change in understanding of the language grammar and, as a consequence, the sense of the right to keep and bear arms in the light of the Supreme Court’s decision in the case of District of Columbia v Heller (554 U.S. 570 (2008)).
It will argue for the accuracy of statement of Charles Evans Hughes, former Chief Justice of the U.S. Supreme Court: “We are under a Constitution, but the Constitution is what the judges say it is...”
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Burnham W. (2006). Introduction to the Law and Legal System of the United States. Thomson West.
Card R.L. (2009). An opinion without standards: The Supreme Court’s refusal to adopt a standard of constitutional review in District of Columbia v. Heller will likely cause headaches for future judicial review of gun-control regula- tions 23 BYU J. Pub. L. 259.
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