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Modes of Constitutional Interpretation 1

The document discusses various methods or modes of constitutional interpretation that the Supreme Court relies on when reviewing the constitutionality of governmental actions. It describes the most common modes as textualism, original meaning, judicial precedent, pragmatism, moral reasoning, national identity, structuralism, and historical practices. Textualism focuses on the plain meaning of the text and its context. Original meaning considers public meaning at the time of the founding. Judicial precedent provides principles from prior decisions. Pragmatism weighs practical consequences of interpretations. Moral reasoning considers moral concepts underlying some terms. National identity draws upon American character and values. Structuralism makes inferences from constitutional design. Historical practices consider prior decisions of political branches.

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Namrata Priya
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6K views2 pages

Modes of Constitutional Interpretation 1

The document discusses various methods or modes of constitutional interpretation that the Supreme Court relies on when reviewing the constitutionality of governmental actions. It describes the most common modes as textualism, original meaning, judicial precedent, pragmatism, moral reasoning, national identity, structuralism, and historical practices. Textualism focuses on the plain meaning of the text and its context. Original meaning considers public meaning at the time of the founding. Judicial precedent provides principles from prior decisions. Pragmatism weighs practical consequences of interpretations. Moral reasoning considers moral concepts underlying some terms. National identity draws upon American character and values. Structuralism makes inferences from constitutional design. Historical practices consider prior decisions of political branches.

Uploaded by

Namrata Priya
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

Summary

When exercising its power to review the constitutionality of governmental action, the
Supreme Court has relied on certain "methods" or "modes" of interpretation—that is, ways of
figuring out a particular meaning of a provision within the Constitution. This report broadly
describes the most common modes of constitutional interpretation; discusses examples of
Supreme Court decisions that demonstrate the application of these methods; and provides a
general overview of the various arguments in support of, and in opposition to, the use of
such methods of constitutional interpretation.
Textualism. Textualism is a mode of interpretation that focuses on the plain meaning of the
text of a legal document. Textualism usually emphasizes how the terms in the Constitution
would be understood by people at the time they were ratified, as well as the context in which
those terms appear. Textualists usually believe there is an objective meaning of the text, and
they do not typically inquire into questions regarding the intent of the drafters, adopters, or
ratifiers of the Constitution and its amendments when deriving meaning from the text.
Original Meaning. Whereas textualist approaches to constitutional interpretation focus
solely on the text of the document, originalist approaches consider the meaning of the
Constitution as understood by at least some segment of the populace at the time of the
Founding. Originalists generally agree that the Constitution's text had an "objectively
identifiable" or public meaning at the time of the Founding that has not changed over time,
and the task of judges and Justices (and other responsible interpreters) is to construct this
original meaning.
Judicial Precedent. The most commonly cited source of constitutional meaning is the
Supreme Court's prior decisions on questions of constitutional law. For most, if not all
Justices, judicial precedent provides possible principles, rules, or standards to govern
judicial decisions in future cases with arguably similar facts.
Pragmatism. Pragmatist approaches often involve the Court weighing or balancing the
probable practical consequences of one interpretation of the Constitution against other
interpretations. One flavor of pragmatism weighs the future costs and benefits of an
interpretation to society or the political branches, selecting the interpretation that may lead to
the perceived best outcome. Under another type of pragmatist approach, a court might
consider the extent to which the judiciary could play a constructive role in deciding a
question of constitutional law.
Moral Reasoning. This approach argues that certain moral concepts or ideals underlie
some terms in the text of the Constitution (e.g., "equal protection" or "due process of law"),
and that these concepts should inform judges' interpretations of the Constitution.
National Identity (or "Ethos"). Judicial reasoning occasionally relies on the concept of a
"national ethos," which draws upon the distinct character and values of the American
national identity and the nation's institutions in order to elaborate on the Constitution's
meaning.
Structuralism. Another mode of constitutional interpretation draws inferences from the
design of the Constitution: the relationships among the three branches of the federal
government (commonly called separation of powers); the relationship between the federal
and state governments (known as federalism); and the relationship between the government
and the people.
Historical Practices. Prior decisions of the political branches, particularly their long-
established, historical practices, are an important source of constitutional meaning. Courts
have viewed historical practices as a source of the Constitution's meaning in cases involving
questions about the separation of powers, federalism, and individual rights, particularly when
the text provides no clear answer.

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