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The Court and Constitutional Interpretation


Constitutional Interpretation: Legal Realism, Originalism, and Living ...

In this post, we'll be diving into the history and principles of three theories of constitutional interpretation—originalism, legal realism, and ...

Book Review: Interpreting the Constitution: The Supreme Court and ...

Alexander, Larry, "Book Review: Interpreting the Constitution: The Supreme Court and the Process of Adjudication. ... They both deal with constitutional ...

Low Stakes and Constitutional Interpretation

The social significance of constitutional decisions in the courts might be modest in most instances, and the significance of interpretive method within those ...

Constitutional Interpretation - Princeton University

Constitutional Interpretation reconsiders the implications of the fundamental legal commitment to faithfully interpret our written Constitution.

The Constitution and The Courts - Library Guides - Penn State

An essay on the role the courts have in interpreting the constitution and how it is applied in today's world. From the Supreme Court. All ...

Lesson 25: What Is the Role of the Supreme Court in the American ...

Advantages and disadvantages of four common methods of interpreting the Constitution: textualism, originalism, fundamental principles, and modernism or ...

Interpreting the Constitution | The Heritage Foundation

Interpreting the Constitution therefore requires figuring out what the people who established or amended it meant by the words they put in it. “Any defensible ...

Judicial Review, Constitutional Interpretation, and the Democratic ...

Arnould, Judicial Review, Constitutional Interpretation, and the Democratic Dilemma: Proposing a ... many areas of constitutional law the Court already ...

constitutional interpretation - USC Gould School of Law

A written constitution typically enables a higher court, like the supreme court or a special constitutional court, to interpret the constitutional document and ...

Constitutional Interpretation | Harvard Law Review

A thought-provoking post detailing some of the methodological approaches at play in CFPB v. Community Financial Services.

Judicial Supremacy As a Matter of Constitutional Interpretation

Without a clear sense of what constitutional interpretation involves, one cannot assess the prevailing assumption that the Supreme Court is uniquely positioned ...

Missouri's Law of Constitutional Interpretation by Michael L. Smith

Debates over theories of constitutional interpretation frequently disregard state constitutional law and make predictions, conclusions, ...

Breaking the Judicial Monopoly on Constitutional Interpretation

First, I discuss the traditional canon of interpret- ing statutes in a manner that avoids constitutional questions (the "avoid- ance doctrine"). Although this ...

Chapter 34: The Interpretive Work of the Supreme Court - OPEN SLCC

According to this view, the Court's role is simply to interpret current laws in light of constitutional meanings that were fixed in 1787, not to legislate from ...

The Supreme Court's Methods of Interpreting the Constitution

Methods of Interpretation: How the Supreme Court Reads the Constitution. Lackland H. Bloom Jr. Contents Search in this book.

Constitutional Values and Constitutional Interpretation - FEC

Now of course the Constitution must be interpreted. It is a brief document compared, for example, to Volume 11 of the Code of Federal Regulations, which covers ...

Theories of Constitutional Interpretation - UC Press E-Books Collection

Doctrinal interpretation, which follows the principle of stare decisis , invokes the authority of the Constitution as law. Historical interpretation, which ...

Against judicial supremacy in constitutional interpretation

Rejecting judicial supremacy in constitutional interpretation, this paper argues that understanding the interpretation of constitutions to be a solely legal ...

The Federal Courts and Constitutional Interpretation

The Federal Courts and Constitutional Interpretation: A Second Amendment Case. Study. Bridgewater Review, 27(2), 19-23. Available at: https://vc.bridgew.edu ...

The Constitutional Law of Interpretation - University of Notre Dame

The current debate over constitutional interpretation often proceeds on the assumption that the Constitution does not provide rules for its own ...