The Framers' Intent Paper. The Original Intent and Current Laws

The Original Intent and Current Laws
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The Original Intent and Current Laws
Original intent is an old concept regarding the interpretation and understanding of the Constitution. It prioritizes the intent that the framers originally had during its drafting and ratification, considering it as a determinative factor in the interpretation of the First Amendment. Original intent is important in the preservation of the democracy created by the Constitution, with three vital features: Separation of Powers, Federalism, and the Bill of Rights (Morsink, 1999). The original intent of the framers was to create laws to define and protect the rights of human beings and uphold each person’s dignity without compromising another. It was to shift from the more government-focused laws to being people-centered.
The original intent of the framers regarding having the freedom of speech was for the people of the country to be able to give constructive criticism to the government without having any fear of it being taken against them which might result to harm or imprisonment. A similar intent of the framers applicable to the freedom of religion wherein they believe that the subject of religion is something that should be between a person and his faith, without concern to the legislative laws and government’s opinions. This had led to the freedom of religion that separates the government from any religious beliefs of a citizen of the state, enabling them to exercise and express religious disciplines, doctrines, and practices (Levy, 2000, p.382). Concerning these, the right to privacy was also explicitly declared, which was defined as a person’s natural “right to be let alone”. The focus of this specific right is for the protection of an individual against any unjust, unreasonable, or unnecessary actions towards the individual. Lastly, another law is regarding a criminal’s rights, which the framers also focused on the right of the criminal to undergo a due process to make sure that the individual is not deprived of liberty, life, or property without a just trial (Levy, 2000, p.248, 337). These rights were generally made for the protection of the people, and also to make sure that there is a kind of check and balance between those in the government and authority, and the people of the nation.
There is still an ongoing challenge faced by the law-making body of the country and the whole nation, on ...