Modalities of Constitutional Interpretation Flashcards
Textualism
Interpret according to plain meaning of the words.
ADVANTAGES:
Promotes stability
Reduces abuse of constitutional interpretation for political purposes
DISADVANTAGES:
Circumstances change, making provisions socially undesirable on their strict language
EXAMPLE: Morrison v. Olson - Scalia’s dissent focused on the fact that the President is granted ALL, not some, Executive power, which means that Congress can’t have any.
History/Purposivism
Historical definitions (what the word meant at the time) or the historical context (what was happening). What were the intentions behind the words and the goal they meant to accomplish?
EXAMPLE: US v. Lopez - Madison intended Congress’s powers to be “few and enumerated,” rather than as broad as the Commerce Clause has been interpreted over the past year.
Structuralism
Emphasizing the relationship of provisions to each other, the institutional arrangements created by the document as a whole, or a provisions structure within itself (i.e. is it within powers or restraints?).
EXAMPLE: Marbury v. Madison - Despite the fact that there’s no explicit judicial review clause, the Supreme Court still has the power of judicial review based on the grant of “all judicial power.”
Past Practice/Precedent
Emphasis on previous interpretations, usually by SCOTUS, but potentially by lesser courts and/or other branches of government.
ADVANTAGES
Predictability (respect for stare decisis, etc.)
DISADVANTAGES
Inertia (e.g. legitimizes slavery, because that’s how it’s always been)
SGC NOTE: Better for separation of powers and federalism questions, rather than civil rights.
EXAMPLE: Steel Seizure - Frankfurter and Vinson used for opposite conclusions. Frankfurter found that previous presidents’ seizures were of shorter and smaller scale than Truman’s; Vinson found that Abraham Lincoln’s seizures during the Civil War allowed for Truman to seize the steel plants.
Policy
Focuses on consequences, asking which interpretation produces the best results according to a higher analysis of whether the outcome is desirable on relatively abstract grounds, like justice, economy, efficiency, natural law, etc.
ADVANTAGES
Allows for adaptation of Constitution to modern standards.
DISADVANTAGES
Opens up judicial analysis to the whims of the masses, to some extent.
EXAMPLE: Korematsu - SCOTUS rationalized internment based on race, given that it was “in the best interest” of the country during wartime. The Constitution’s text prohibits this, but myopic policy analysis took over.
