Résumer Un Texte

Smartiz54 · le 4 novembre 2014

Bonjour,

j'aimerais avoir de l'aide si c'est possible je dois faire un résumé de ce texte auquel je ne comprend rien.

Merci de d'avance.

Cordialement

Constitutional Interpretation

The Constitution is many things to many people. Undoubtedly, it is the framework for the Government of the United States of America, defining the three branches and clearing delineating the powers of the branches. It also undoubtedly grants certain power to the federal government and grants others to the states; and it undoubtedly guarantees the basic rights of the people.

The Constitution is short; it cannot and does not attempt to cover every eventuality. Even when it seems it is clear, there can be conflicting rights, conflicting spheres of power. When disputes arise, it comes time for people, and most importantly judges of the Judicial Branch, to interpret the Constitution. The concept of constitutional interpretation is foreign in some countries, where the constitution makes a reasonable effort to cover every eventuality. These constitutions are generally rigid and little changing, adapting slowly to advances in political views, popular opinion, technology, and changes in government. The U.S. Constitution, however, has been termed a Living Constitution, in part because it grows and adapts to internal and external pressures, changing from one era and generation to the next.

There is no one right way to interpret the Constitution, and people often do not always stick to one interpretation. Below, then, are the major divisions in interpretation; your own personal beliefs may fall into several of these categories.

Originalism, or, Original Intent

Originalists think that the best way to interpret the Constitution is to determine how the Framers intended the Constitution to be interpreted. They look to several sources to determine this intent, including the contemporary writings of the framers,newspaper articles, the Federalist Papers, and the notes from the Constitutional Convention itself.

Originalists consider the original intent to be the most pure way of interpreting the Constitution; the opinions of the Framers were, for the most part, well documented. If there is an unclear turn of phrase in the Constitution, who better to explain it than those who wrote it?

Opponents of originalism note several points. First, the Constitution may have been the product of the Framers, but it was ratified by hundreds of delegates in 13 state conventions - should not the opinions of these people hold even more weight? Also, the Framers were a diverse group, and many had issues with specific parts of the Constitution. Whose opinion should be used? Next, do the opinions of a small, homogeneous group from 200 years ago have the respect of the huge, diverse population of today? To a black woman, how much trust can be placed in the thoughts of a white slave owner who's been dead for generations?

In truth, as with all of the following interpretations, most people use originalism when it suits them. Finding a quote from a framer to support a modern position can be a powerful way to advance your point of view.

Modernism / Instrumentalism

Those who most oppose the Originalist approach often consider themselves to be modernists, or instrumentalists. A modernist approach to Constitutional interpretation looks at the Constitution as if it were ratified today. What meaning would it have today, if written today. How does modern life affect the words of the Constitution? The main argument against originalism is that the Constitution becomes stale and irrelevant to modern life if only viewed through 18th century eyes. Additionally, we have more than 200 years of history and legal precedent to look back on, and that we are modern individuals, with as much difficulty in reasonably thinking like 18th century men as those 18th century men would have had trouble thinking like us.

Modernists also contend that the Constitution is deliberately vague in many areas, expressly to permit modern interpretations to override older ones as the Constitution ages. It is this interpretation that best embodies the Living Constitution concept: the Constitution is flexible and dynamic, changing slowly over time as the morals and beliefs of the population shift. Modernists do not reject originalism - they recognize that there is value in a historical perspective; but the contemporary needs of society outweigh an adherence to a potentially dangerously outdated angle of attack.

Originalists feel that modernism does a disservice to the Constitution, that the people who wrote it had a pure and valid vision for the nation, and that their vision should be able to sustain us through any Constitutional question.

Note: the major sources for material for this section were "Constitutional Law: Cases and Commentary" by Daniel Hall, and "On Reading the Constitution" by Lawrence Tribe and Michael Dorf.

Smartiz54 · le 4 novembre 2014

J'ai deja fait le debut :

The constitution is at the base of the US because it delimiters the government's powers, gives the basic rights of the people. It is short and does not pretend ~~of being~~ to be extensive : judges are allowed to interpret the constitution tends to be different from others because it can change, adapt to our societies <Quel est le lien de cette partie de phrase avec la première ?

3 branches is that <???> the constitution defines the powers of the branches. It gives some power to government subsidies as those of other federal states and guarantees fundamental rights.

Je dois faire 200 mots j'en suis loin..

Jean B · le 5 novembre 2014

Bonjour,

Si on ne t'a jamais fourni de méthode pour ce genre de travail, en voici une dont tu peux t'inspirer :

/applications/core/interface/file/attachment.php?id=18799">Comment résumer.pdf

Indices :

- l'interprétation de la Constitution

- ses principaux "interprètes" : les "Originalistes" et leurs opposants

les "Modernistes" ou "Instrumentalistes"

Efforce-toi de ne pas paraphraser le texte original mais d'employer tes propres formulations.

Selon l'outil statistique de Word, 200 mots ça équivaut à une quinzaine de lignes environ, tu peux y arriver.

Connexion

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