RELIGION AND THE CONSTITUTION 4
Religionand the Constitution
Religionand the Constitution
Twomodern challenges exist in the interpretationof the constitution.The first task is the interpretationof the constitution and laws as living documents. The documents areviewedas alwaysevolving to keep in touch with the ever-changingpractices and beliefs as well as knowledge (Clinton& Enamorado, 2014).Most of US Supreme Courts use this approach. The other challenge iswhether the law should beinterpretedit wasoriginally draftedunder a strict constructionism theory. The approach requires judgesto interpret the law as itis written.Therefore these challenges arise when one feels that the law shouldbeinterpretedin either way.
Preemptionis a scenario where the federal law preempts or in other wordsoverrides the state laws that are incompatible with certain federalclause (Clinton& Enamorado, 2014).Preemption is a constitutional principle that the Congressuses to remove partially or entirely a concurrent as well as theregulatoryauthority of the State,and this meansthatthroughthis clause in the Constitution, congresshas powers to invalidate laws and regulations conflicting withcongressional laws.
AdministrativeProcedure Act wasofficially endorsedon11thJune 1946.It is a federal statute in the UnitedStates.The statute regulates the way all the administrativeorganizations may formulate and later establish rules and regulations(Clinton& Enamorado, 2014).The Act is important as it ensures that the agencies inform thepublic about their rulesand procedures. It gives the public a chance to participate in theprocess of rulemaking. It also provides even standards for carryingout formal adjudication and rulemaking. Finally, the statute definesan extent of judicial review.
IntelligiblePrincipletest is the normin the administrativestatutes that a Congresshas no authority to delegate its statutory powers to the agencies.The only time when delegation is allowed is when the Congressrecommends clear and sufficient standards to assist the executiveorganization in the formulationof policies (Clinton& Enamorado, 2014).Inother words,there must be an intelligible principle that agencies must base theirregulations.
StateConstitutionalism is a process of making constitutions at the statelevel with laws intended to govern affairs of particularstates.However,the law made must define preciselythe extent of powers of the states’ authorities (Clinton& Enamorado, 2014).In the process of law making, various sources are utilized,and one of them is new federalism whereby particular powers aretransferred from the federal government back to state governments.Forinstance,in the past,the state bill of rights has been rediscovered as the independentprotections for individual rights.
Clinton,J. D., & Enamorado, T. (2014). TheNational News Media’s Effect on Congress: How Fox News affectedelites in Congress.TheJournal of Politics,76(04),928-943.