Isabella Carter
The interpretation of the Constitution is a complex and contentious issue, with various methodologies and perspectives influencing how the courts interpret this foundational document. The Supreme Court, as the highest judicial authority, plays a pivotal role in interpreting the Constitution and ensuring governmental actions adhere to its principles. This power of judicial review enables the Court to strike down laws that violate constitutional rights, thereby safeguarding civil liberties and upholding the rule of law. However, the methods employed by the Court in interpreting the Constitution are subject to scrutiny and debate. Textualism, originalism, and judicial precedent are among the primary modes of interpretation, each offering a distinct approach to understanding the Constitution's meaning. Critics of strict textual reliance argue for a more flexible interpretation that considers values not explicitly stated in the text, while others emphasize the importance of historical context in understanding the original meaning of the Constitution. The interpretation of the Constitution by the courts has a profound impact on society, influencing civil rights, government powers, and the values underpinning the nation.
| Characteristics | Values |
|---|---|
| Textualism | Focuses on the plain meaning of the text of a legal document |
| Original Meaning | Considers the meaning of the Constitution as understood by the populace at the time of its founding |
| Historical practices | Judges may choose sources that support the historical practices they wish to ratify or reject |
| Judicial Precedent | The Supreme Court's prior decisions on questions of constitutional law |
| Judicial review | The ability of the Court to declare a Legislative or Executive act in violation of the Constitution |
| Civil rights and liberties | Striking down laws that violate the Constitution |
| Equality before the law | Hearing grievances voiced by minority groups or those who hold minority opinions |
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What You'll Learn
Textualism vs Originalism
Textualism and originalism are two different interpretive theories that guide the interpretation of the Constitution. Textualism is a mode of interpretation that focuses on the plain meaning of the text of a legal document. It emphasizes how the terms in the Constitution would be understood by the people at the time of ratification, as well as the context in which those terms appear. Textualism does not consider factors outside the text, such as the problem the law addresses or the intent of the drafters. Instead, it interprets the text based on how the words would be understood by a reasonable person.
Originalism, on the other hand, considers the meaning of the Constitution as understood by the populace at the time of its founding. Originalists believe that the Constitution's text had an "objectively identifiable" or public meaning at its founding that has not changed over time. The task of judges and justices is to construct this original meaning. Originalism, therefore, commands adherence to history and considers the historical understanding of the constitutional text.
While textualism and originalism are often conflated and can sometimes lead to similar results, they are distinct interpretive theories. For example, Justice Neil Gorsuch is considered a textualist but has also expressed support for originalism. Similarly, Justice Antonin Scalia identified as both an originalist and a textualist. However, some argue that disentangling textualism and originalism is critical to maintaining the legitimacy of textualism as an interpretive methodology and avoiding partisan manipulation.
The debate between textualism and originalism has implications for interpreting the Constitution in modern times. For instance, an originalist interpretation of "the free press" would not include online articles as the internet did not exist at the time of the Constitution's drafting. In contrast, a textualist interpretation would include online articles as "the free press" does not specify a particular medium. Similarly, the originalist interpretation of the Fourteenth Amendment would not include legal protection for LGBTQ+ individuals as this was not the intent when the amendment was passed.
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Historical practices
The Supreme Court has the power of judicial review, which allows it to declare a Legislative or Executive act in violation of the Constitution. This power was established in the case of Marbury v. Madison in 1803. The Court's interpretation of the Constitution in this case established that an Act of Congress that is contrary to the Constitution cannot stand.
Additionally, critics warn that relying solely on historical practices may lead to results inconsistent with the original meaning of the Constitution and could allow judges to engage in "law office history," where they selectively choose sources to support their preferred interpretation. Another concern is that courts might inadvertently legitimize long-standing practices, such as slavery or segregation, that are offensive to modern moral principles.
The Supreme Court's interpretation of the Constitution has evolved over time, as demonstrated by the expansion of the Bill of Rights after the passage of the Fourteenth Amendment in 1869. The Court's rulings ensured that most provisions of the Bill of Rights were applicable not only to the federal government but also to the states, highlighting its role in safeguarding minority rights and ensuring that each branch of government respects its limits.
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Judicial precedent
The Supreme Court's prior decisions on questions of constitutional law are the most commonly cited source of constitutional meaning. 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. This promotes consistency, predictability, and stability in the law, and prevents arbitrary decision-making.
However, the application of stare decisis is nuanced. While it generally applies vertically, with the decisions of higher courts taking precedence over those of lower courts, horizontal stare decisis holds that decisions made by courts at the same appellate level should also serve as precedent for each other. Additionally, while stare decisis promotes stability, it is not meant to perpetuate error. In cases where following precedent may lead to unjust outcomes, judges may offer reasons or legal nuances to avoid following precedential decisions or to overturn prior rulings.
Some constitutional scholars propose the idea of "super precedents", which are considered so fundamental to American justice that they are virtually permanent decisions impervious to overruling. An example of a super precedent is the Supreme Court's decision in Brown v. Board of Education, which directly overturned the precedent of Plessy v. Ferguson, recognizing that racially segregated schools violated the Constitution.
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Moral reasoning
Interpreting the constitution based on moral reasoning is broadly referred to as the "ethos of the law". This approach argues that the constitution's text employs terms infused with certain moral concepts or ideals, such as "equal protection" and "due process of law". These concepts are believed to be informed by underlying moral or ethical principles. For example, in the case of Bolling v. Sharpe, the Court's decision to strike down racial segregation in D.C. public schools was based on interpreting the Fifth Amendment's Due Process Clause as implicitly guaranteeing equal protection. The Court's moral reasoning was derived from the American ideal of fairness.
Proponents of moral reasoning in constitutional interpretation argue that it allows judges to incorporate contemporary values and results in more candid opinions. They believe that the constitution was designed as an instrument that would evolve over time, marking out "lines of growth" towards the real values of the framers. This flexibility enables judges to interpret the constitution in a way that aligns with changing societal values.
Critics of using moral reasoning in constitutional interpretation, such as Philip Bobbitt, argue that courts should not act as moral arbiters. They contend that ethical arguments are based on principles that are not objectively verifiable and may require judges to choose between competing moral conventions. As a result, critics believe that judges might decide cases based on their personal policy views, which could lead to undemocratic outcomes.
In response, supporters of moral reasoning acknowledge that judges often rely on moral arguments but disguise them as textual arguments or arguments based on precedent. They argue that moral reasoning provides a framework for interpreting broad constitutional text and deriving general moral principles that guide decisions involving individual rights and the limits of government authority.
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Civil rights and liberties
Civil liberties and civil rights are perhaps the most fundamental political values in American society. The Supreme Court has played a significant role in upholding these rights and liberties by interpreting the Constitution and federal laws to protect them.
Civil liberties are defined as the freedoms guaranteed by the US Constitution, primarily from the First Amendment, and act as limits on how the government can treat its citizens. These include rights such as freedom of religion, speech, press, assembly, and petition, as well as the right to a fair trial and protection from unreasonable searches. Civil liberties are often invoked to protect people from an oppressive government.
Civil rights, on the other hand, are enforceable rights or privileges that protect people from discriminatory treatment. These rights come mainly from the Civil Rights Amendments in the US Constitution, such as the Thirteenth, Fourteenth, and Fifteenth Amendments. Civil rights ensure protection from discrimination in areas such as employment, housing, and education, based on factors like race, religion, gender, age, ability, or origin. Both individuals and government entities can be held accountable for civil rights violations.
The Supreme Court has been instrumental in interpreting the Constitution to uphold civil rights and liberties, often reflecting evolving understandings of justice and equality in American society. For example, in Brown v. Board of Education, the Court expanded protections around issues of segregation and discrimination. In Miranda v. Arizona (1966), the Court ruled that police must inform suspects of their rights before questioning, further protecting the right to remain silent. In Tinker v. Des Moines (1969), the Court upheld the constitutional rights of students to freedom of expression, even within the schoolhouse gates.
The Supreme Court has also set legal precedents that shape how civil rights and liberties are understood and guide future laws. For instance, in Mapp v. Ohio (1961), the Court applied the exclusionary rule, ruling that illegally obtained material cannot be used in a criminal trial. In New York Times Co. v. Sullivan, the Court ruled in favor of freedom of the press, protecting the right to publish all statements, even if they contain falsehoods.
While the Supreme Court has made significant strides in interpreting the Constitution to protect civil rights and liberties, there have also been instances where it has fallen short. For example, in the Civil Rights Cases of 1883, the Court declared the 1875 Civil Rights Act unconstitutional, on the grounds that its prohibitions were aimed at states, not corporations and private individuals. This highlights the ongoing evolution of how the courts interpret the Constitution to protect civil rights and liberties.
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Frequently asked questions
The Supreme Court has the power of judicial review, which means it can declare a Legislative or Executive act in violation of the Constitution. The Court also has the final say over when a right is protected by the Constitution or when a Constitutional right is violated.
Textualism is a mode of interpretation that focuses on the plain meaning of the text of a legal document. Textualism emphasizes how the terms in the Constitution would be understood by people at the time of ratification and the context in which those terms appear. Originalist approaches, on the other hand, consider the meaning of the Constitution as understood by the populace at the time of the Founding.
Critics of strict textualism argue that judges may ascribe different meanings to the Constitution's text depending on their background and that textual provisions may be broadly worded or fail to answer fundamental constitutional questions. Judges may also consider values not explicitly stated in the text, such as moral reasoning and practical consequences. Some judges, like Posner, emphasize creating rules that make sense in the contemporary context rather than adhering to an old and possibly obsolete document.
