Why is it difficult, if not impossible, to use The Federalist Papers as a means of deciding questions of law? If The Federalist Papers cannot be used for legal interpretation, why do students of American government continue to study them today? In other words, explain why the papers are important to the study of American government. What did you learn from about the relationship between philosophical principles underlying the American regime and legal rules applied in specific cases? Explain.
This question comes from a Political Science Club, its more of a critical thinking question. In your responses, I would like for it to be more than paragraph of expression.
Thanks, Good Luck!
2006-09-26 12:25:01 · 2 answers · asked by Mrs.Cornbread Fed 1981 1 in Politics & Government ➔ Politics
It's neither difficult nor impossible. There are simply drawbacks.
As with any non-authoritative source, the Federalist Papers are little more than legal commentary and opinion. They express one side of the issue, from the perspective of those writing them. In fact, most of them were written solely for the purpose of advocating for the Constitution over other models and proposals. So, they carry a bit of propoganda along with their commentary.
This does not make them invalid as a reference sources, any more than modern legislative history is invalid. They just must be taken in context, and recognized has have a slanted perspective.
About the only real difficulty comes with two centuries of spelling and grammar changes since the papers were written.
2006-09-26 12:31:55 · answer #1 · answered by coragryph 7 · 2⤊ 0⤋
You're going to have to do your own research on that, buddy. It sounds like you're trying to get someone to do your homework for you. Get to the library. (The "library" - you know, that big building where they keep all the books? Surely you must have walked by it a few times...)
Correct, the Federalist Papers are not legal documents, and would not be used in a court of law, except as ancillary material. The same holds true for the Declaration. As for the rest of your question, it is not difficult to find the answers. Again, get thee to a library. Try J-STOR and H-NET for scholarly articles, in addition to books.
As for the spelling and "grammar" used in the FPs, it's not that difficult. Although, I could see that it may be difficult for someone who never bothers to read. But you should have no problem
Love Jack
2006-09-26 19:34:29 · answer #2 · answered by Anonymous · 1⤊ 0⤋