Malcolm Rivera
The Supreme Court's interpretation of the US Constitution is a highly complex and controversial topic. The Court's power to review the constitutionality of government actions and its ability to declare acts in violation of the Constitution are not explicitly mentioned in the Constitution itself. When interpreting the Constitution, the Supreme Court has relied on certain methods or modes, which are ways of determining the particular meaning of a provision within the Constitution. There are various interpretation styles, including originalism, which is the theory that judges should interpret the Constitution as it would have been in the historical era it was written, and progressive interpretations, which are more flexible and adaptable to modern times. The Supreme Court's interpretation of the Constitution has evolved over time, with the Court now playing a crucial role in the constitutional system of government as the highest court in the land.
| Characteristics | Values |
|---|---|
| Interpretation of the constitution | The Supreme Court interprets the constitution based on certain "methods" or "modes". |
| Originalism | Originalism is a theory that judges interpret the constitution as it would have been in the historical era it was written. |
| Pragmatism | Pragmatism is a method where judges try to improve things within certain bounds. |
| Textualism | Textualism is a mode of interpretation that focuses on the plain meaning of the text of a legal document. |
| Jurisdiction | The Supreme Court has original jurisdiction over certain cases, e.g., suits between two or more states and cases involving ambassadors. |
| Judicial review | The Supreme Court has the power to declare a Legislative or Executive act in violation of the Constitution. |
| Number of justices | There is one Chief Justice and eight Associate Justices. |
| Interpretation styles | Interpretation styles are often mentioned during the nomination process and are part of the public discourse about nominees. |
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What You'll Learn
Originalism vs non-originalism
Originalism and non-originalism are two theories of constitutional interpretation. Originalists believe that the constitutional text should be interpreted according to the original public meaning it had when it became law. This meaning can be discerned from dictionaries, grammar books, legal documents, legal events, and public debates from the time. Originalists argue that the original meaning of the text is an objective legal construct, independent of the writers' subjective intentions. They contend that the Fourteenth Amendment always forbade racial segregation, even before the Supreme Court's decision in Brown v. Board of Education (1954).
Non-originalists, or living constitutionalists, on the other hand, believe that the meaning of the constitutional text evolves as social attitudes change. They argue that racial segregation was constitutional before the 1954 Supreme Court decision because public opinion favoured it. Living constitutionalists believe that the Constitution is improved and changed by significant Supreme Court decisions and adaptations to social attitudes.
The debate between originalism and non-originalism is nuanced and evolving. Some scholars argue that originalism, as it has evolved, presents its proponents with a choice: they can either acknowledge that originalism is a limited theory that cannot answer all constitutional questions on its own, or they can claim that originalism can effectively answer most constitutional questions without the need for broad judicial discretion. If they choose the former, they risk blurring the lines between originalism and non-originalism. If they choose the latter, they risk revealing originalism as a political philosophy rather than an interpretive methodology.
Additionally, some "new originalists" have emerged, arguing that the objective original meaning of many constitutional provisions should be interpreted at a very high level of generality. They distinguish between constitutional "interpretation" (determining the meaning of the text) and constitutional "construction" (applying the text to specific situations). These new originalists acknowledge that originalist interpretation alone cannot answer all constitutional questions, and thus courts must formulate rules that may not be dictated by the original meaning. This further blurs the lines between originalism and non-originalism, as non-originalists often use the original meaning as a starting point but are willing to consider other factors such as history, precedent, structure, and policy to construct constitutional meaning when the text is vague.
In conclusion, the debate between originalism and non-originalism centres on whether the interpretation of the Constitution should be fixed to its original meaning or allowed to evolve with changing social attitudes and legal contexts. While originalism and non-originalism present distinct theoretical frameworks, the evolving nature of originalist thinking and the complexities of constitutional interpretation have led to increasing overlap and ambiguity between the two approaches.
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Pragmatism
Breyer's pragmatism is a two-stage process. In the first stage, the Court would reach a preliminary conclusion. In the second stage, the Court would engage in an open-minded, inductive, transparent, contextual, and empirical determination of which result makes the most sense. This would involve balancing the interests of the two sides and considering the practical consequences of different interpretations. The Court would then select the interpretation that leads to the best outcome. This pragmatic approach is uniquely American and has been described as a better interpretive path.
Other legal scholars have also advocated for pragmatism. Abbe R. Gluck and Lisa Schultz Bressman, for example, have endorsed a pragmatic approach to constitutional interpretation in their work. Additionally, there are different flavours of pragmatism. One type involves weighing the future costs and benefits of an interpretation, selecting the one with the best perceived outcome. Another type involves the judiciary considering the extent to which it could play a constructive role in deciding a constitutional law question. This might involve a judge declining to rule on constitutional issues by adhering to certain doctrines, allowing the Court to avoid public controversies and preserve its institutional capital for key cases.
Critics of pragmatism argue that this approach is too political and subjective. They suggest that a pragmatic Court is too influenced by the current era's climate. However, proponents of pragmatism acknowledge the influence of the era's climate while aiming to seek the best concrete result using the finest possible method. This two-part practical method is seen as a way to restore some faith in the judiciary, especially in light of recent controversial decisions and concerns about the Court's originalism.
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Judicial review
The Supreme Court's power of judicial review was established in the landmark decision of Marbury v. Madison, the first case in which the Court struck down an act of Congress as unconstitutional. Chief Justice John Marshall famously stated:
> It is emphatically the duty of the Judicial Department to say what the law is. Those who apply the rule to particular cases must, of necessity, expound and interpret the rule. If two laws conflict with each other, the Court must decide on the operation of each.
The Supreme Court's power of judicial review is essential for ensuring that each branch of government recognises the limits of its power. The Court also protects civil rights and liberties by striking down laws that violate the Constitution. For example, the Supreme Court has struck down state laws found to be in violation of the Constitution, ensuring that popular majorities cannot pass laws that harm or take undue advantage of unpopular minorities.
There is significant debate over the sources and methods of construction the Court should consult when interpreting the Constitution. This controversy is closely related to disputes about whether and how the Court should exercise the power of judicial review. Some scholars have argued that in striking down laws or actions, the Court has decided cases according to the Justices' own political preferences.
One mode of interpretation is textualism, which focuses on the plain meaning of the text of a legal document. Textualism usually emphasises how the terms in the Constitution would have been understood by people at the time of ratification and the context in which those terms appear. However, critics argue that textualism is flawed as it is inflexible and the Constitution's contemporaries could not have conceived of some modern situations. Interpreting the Constitution based on its original meaning may also fail to protect minority rights, as women and minorities did not have the same rights at the time of the Founding as they do today.
Another approach is pragmatism, where a judge might observe the "passive virtues" by declining to rule on the constitutional issues in a case by adhering to certain doctrines. This allows the Court to avoid becoming frequently embroiled in public controversies, preserving the Court's institutional capital for key cases and giving more space for the democratic branches to address the issue.
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Interpretation styles
The three primary originalist interpretation styles are original intent, textualism, and strict constructionism. Original intent relies on what the framers of the Constitution intended for a clause to mean when they wrote the document. Originalism is the theory that judges are bound to interpret the Constitution as it would have been interpreted in the historical era when it was written. Understood this way, originalism is the idea that judges must follow the law as written and not merely ignore it or reinterpret it to their liking. Originalists believe that judges should not impose their own personal values on the Constitution. Originalism has been criticised as an inflexible and flawed method of interpretation, arguing that the Constitution's contemporaries could not have conceived of some modern situations.
Textualism is a mode of interpretation that focuses on the plain meaning of the text of a legal document. Textualism usually emphasises how the terms in the Constitution would have been understood by people at the time of their ratification, as well as the context in which those terms appear. Textualism has been criticised by Judge Posner, who argues that the constitutional text matters little to constitutional law. He suggests that constitutional law is more about creating rules that make sense today than interpreting an old and often obsolete document.
Another interpretation style is pragmatism. A pragmatist judge might observe the "passive virtues" by declining to rule on the constitutional issues in a case by adhering to certain doctrines. This may allow the Court to avoid becoming frequently embroiled in public controversies, preserving the Court's institutional capital for key cases. Judge Posner describes himself as a pragmatist, and his approach to judging cases is to try to figure out a sensible solution to the problem and then ask whether it is blocked by some kind of authoritative precedent of the Supreme Court.
Scholars have produced numerous quantitative studies concerning the effects of ideology on US Supreme Court justices’ decision-making, but there have been few, if any, quantitative analyses of the effects of justices’ constitutional interpretation styles.
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The role of precedent
The Court's interpretation of the Constitution has evolved over time, with various "methods" or "modes" of interpretation being employed. One such method is textualism, which focuses on the plain meaning of the text and how the terms would have been understood at the time of ratification. However, critics argue that textualism or originalism is flawed as it is inflexible and does not account for changing values and new circumstances. They argue that interpreting the Constitution based on its original meaning may fail to protect minority rights, as women and minorities did not have the same rights at the time of ratification.
Judge Posner, a prominent legal scholar, has controversially stated that he does not care about the constitutional text when deciding cases. Instead, he focuses on creating rules that make sense in the present day. He respects the general guidelines provided by the Constitution but emphasizes that constitutional law is made by judges and is often about improving things within certain bounds.
The interpretation styles of Supreme Court justices can vary, with some described as originalist and others as progressive. Originalists believe that judges should interpret the Constitution as it would have been at the time it was written and follow the law as it is written. Progressive interpretations, on the other hand, may involve considering the extent to which the judiciary can play a constructive role in deciding constitutional law. This could include the judiciary adhering to certain doctrines, such as avoiding ruling on political or constitutional questions, to preserve the Court's institutional capital and allow democratic branches to address the issue.
In conclusion, the role of precedent in Supreme Court interpretations of the Constitution is complex and multifaceted. While some justices may lean towards originalist interpretations, others may adopt more pragmatic or progressive approaches. The evolution of societal values and the need to protect minority rights have also influenced the Court's interpretations, moving away from a strict adherence to the original text.
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Frequently asked questions
The Supreme Court interprets the Constitution to decide on the constitutionality of governmental action. The Court has the power of judicial review, which means it can declare a Legislative or Executive act in violation of the Constitution.
There are various methods or modes of interpretation used by the Supreme Court. These include textualism, which focuses on the plain meaning of the text, and originalism, which interprets the Constitution as it would have been in the historical era it was written. Other approaches include pragmatism, which aims to improve things within certain bounds, and passive virtues, where judges avoid ruling on political or constitutional questions.
The Supreme Court's interpretations shape constitutional law, which may bear little resemblance to the original text of the Constitution. The Court's rulings set precedents and interpret the Constitution's general guidelines, such as freedom of speech and religion.
The justices' interpretations can be influenced by their personal values, political preferences, and ideological leanings. However, they also consider the text of the Constitution, prior Court decisions, and the specific case at hand.
The Supreme Court's power of judicial review ensures that each branch of government recognizes its limits. Through its interpretations, the Court can strike down laws or acts that violate the Constitution, affecting both federal and state governments.
