Modalities & Interpretation

Question 1

Six Modalities:

Answer 1

Textual, Structural, Historical, Precedential, Prudential, Ethical

Question 2

Textual

Answer 2

exact words and language

Question 3

Structural:

Answer 3

ordering of the provisions/ placement, term used in other places of the Constitution (what the text shows but does not say) nowhere is there a mention explicit of the separation of powers but it is clearly established in articles 1-3. Can be up to different interpretations.

Question 4

Historical

Answer 4

antecedent, purpose, original meaning and what they would have thought at the time, contemporary same time/ modern) accounts combining legal, political, social, economic, and military history. The original intentions are examined and how the events before led to those decisions. Can be original meaning at time of adoption or America’s ongoing traditions. (removing executive officials not mentioned in text but is tradition) Criticism: too much reliance on history would prevent necessary reinterpretations as the needs of society evolve.

Question 5

Precedential/ Doctrinal

Answer 5

Implications of Supreme Court decisions. Court looks at appropriate application in other contexts. Criticism: may not be precedent on point or may have to overrule the precedent

Question 6

Prudential:

Answer 6

balance costs and benefits of differing interpretations to ascertain practical or logical meaning. Example: allowing to sue would open a floodgate.

Question 7

Living Constitutionalism

Answer 7

evolves over time and diverges from original meaning. Must apply philosophical values such as human dignity or democratic process that must be apply to original meaning and intent.

Question 8

Judicial Minimalism

Answer 8

adopt narrow rulings that align with tradition to respect underlying foundational constitutional principles