Modalities Of Constitutional Argument

Question 1

Historical

Answer 1

What framers meant (federalist papers). What we have done in the past (not as courts) to see what other institutions have done

Question 2

Textualism

Answer 2

Actual textual meaning of the Constitutional text

Question 3

Structural

Answer 3

Inferring rules from the structure that the constitution sets up. Reliance on the general principles that best explain the structure of and relationships between governing institutions

Question 4

Doctrinal

Answer 4

Applying rules as generated by precedent. What officials (judges) have said about Constitution over time

Question 5

Ethical

Answer 5

Moral commitments of American people - national traditions

Question 6

Prudential

Answer 6

Cost and effect of different constitutional policies (what is practical. Costs/benefits is part, but not entirety)