Isabella Carter
The interpretation of the Constitution is a highly debated topic, with various theories and approaches advocated by different justices and legal scholars. One of the most common modes of interpretation is based on the structure of the Constitution, giving rise to important relationships between the branches of the federal government, the relationship between the federal and state governments, and the relationship between the government and the people. Two current ways that justices interpret the Constitution are originalism and textualism. Originalists believe that judges should interpret the Constitution as it would have been in the historical era it was written, adhering to the original understanding of the language and the framers' specific intent. Textualists, on the other hand, focus solely on the text of the document, believing that the Constitution should be treated as a living document that adapts to changing circumstances and evolves over time.
| Characteristics | Values |
|---|---|
| Interpretation style | Originalism, Textualism, Formalism, Progressivism |
| Textualist approach | Focus on the text of the document |
| Originalist approach | Consider the meaning as understood by the populace at the time of founding |
| Formalism | Focus on the structure of the Constitution |
| Progressivism | Treat the Constitution as a living document |
| Originalist judges | Bound to interpret the Constitution as it would have been interpreted in the historical era when it was written |
| Textualist judges | Purport to prioritize the specific text and plain language of the Constitution above all else |
| Judicial review | Declare a Legislative or Executive act in violation of the Constitution |
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What You'll Learn
- Originalism: The belief that judges must interpret the Constitution as it was originally understood
- Textualism: A focus on the text of the Constitution, ignoring history and context
- Judicial precedent: Using the Supreme Court's prior decisions to guide future rulings
- Formalism: The Constitution sets out how federal power is distributed
- Progressivism: The Constitution is a living document that adapts to changing circumstances
Originalism: The belief that judges must interpret the Constitution as it was originally understood
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. Originalists believe that judges must follow the law as written and not merely ignore or reinterpret it according to their personal preferences. Originalism is the idea that the Constitution's text had an "objectively identifiable" or public meaning at the time of its founding that has not changed over time. The task of judges and justices is to construct this original meaning.
Originalists believe that the Constitution should be interpreted according to the original understanding of the language and the framers' specific intent. This view holds that the Constitution's contemporaries could not have conceived of some modern situations, and so interpreting the Constitution based on its original meaning may fail to protect minority rights. For example, when the Constitution was written, it was assumed that men and women had separate spheres, with men belonging in politics and women in the domestic sphere. In the 20th century, this fundamental value judgment shifted radically, as evidenced by the 19th Amendment granting women the right to vote. As a result, the Constitution had to be read in a new way, with "he" now being interpreted as inclusive.
Critics of originalism argue that it is an inflexible and flawed method of constitutional interpretation. They contend that interpreting the Constitution based on its original meaning may fail to protect minority rights because women and minorities did not have the same rights at the time of the Founding as they do today. For instance, the 14th Amendment's guarantee of equal protection was not intended to protect gay rights, as sodomy was a crime at the time. However, societal values have changed, and non-originalists believe that the Constitution should be read in a new way, with equal protection extending to sexual orientation.
Despite these criticisms, originalism has gained influence, with a majority of US Supreme Court justices either self-described originalists or leaning towards originalism. Originalism arose in the 1970s and 1980s among conservatives in response to the liberal decisions of the Supreme Court under Chief Justice Earl Warren. Originalism serves as a rallying cry for conservatives, emphasizing that judges should not impose their personal values on the Constitution.
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Textualism: A focus on the text of the Constitution, ignoring history and context
Textualism is a mode of interpreting the Constitution that focuses on the text of the document itself, rather than the historical context or the intentions of its authors. This approach holds that the text of the Constitution is paramount and that judges should interpret it based on its plain meaning. Textualists argue that the Constitution's meaning is fixed and has not changed over time. This method of interpretation is often associated with originalism, which holds that judges should interpret the Constitution as it would have been at the time it was written.
Textualism is a controversial approach, with critics arguing that it is flawed as it fails to account for modern contexts and changing societal values. For example, the Constitution, at the time of its writing, did not grant women and minorities the same rights they have today. As such, a textualist approach may not adequately protect minority rights.
Textualism is also at odds with the idea of the Constitution as a living document that adapts to changing circumstances and evolves over time. This progressive style of interpretation is necessary, according to its proponents, because America changes rapidly, and a document written over two hundred years ago cannot be expected to explicitly address all modern issues.
Despite the controversy, textualism continues to hold sway among many justices and scholars. Justices Scalia and Thomas, for instance, advocate for a text-and-history approach, rejecting other methods of interpretation as illegitimate. Additionally, originalism, which often overlaps with textualism, is currently the dominant mode of interpretation among Supreme Court justices, with a majority of them embracing it to varying degrees.
The debate between textualism and more progressive interpretations reflects the ongoing struggle between conservative and liberal ideologies in the American judicial system. While textualists seek to preserve the original meaning of the Constitution, progressive interpretations aim to adapt it to modern contexts and values.
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Judicial precedent: Using the Supreme Court's prior decisions to guide future rulings
Judicial precedent, also known as stare decisis, is a cornerstone of the American legal system. Stare decisis holds that courts and judges should honour "precedent", or the decisions, rulings, and opinions from prior cases. This doctrine gives the law consistency and makes interpretations of the law more predictable.
The principle of stare decisis is never properly applied unless the precise issue has been considered and decided upon by the judicial mind in the case presented as precedent. For example, in Richman Towers Tenants Assn Inc v Richman Towers LLC, it was discussed that questions that are simply in the record but are not brought to the court’s notice or decided upon are not to be regarded as precedent-setting decisions and do not have persuasive authority.
The doctrine of stare decisis forbids judges from acting arbitrarily or with bias by requiring them to follow existing precedents, thus preventing such unwelcome factors from interfering with fair and reasonable adjudication. For instance, the Supreme Court applied precedent for insider trading in 2016 in Salman v. the United States.
However, stare decisis does not mean that judges are bound to follow precedent in every case. If following precedent would lead to unjust outcomes, judges may offer reasons or legal nuances to avoid following precedential decisions or to outright overturn prior rulings. For example, in Brown v. Board of Education (1954), the Supreme Court directly overturned the precedent of Plessy v. Ferguson (1893), which held that "separate but equal" public accommodations did not violate the Constitution.
While stare decisis provides stability and predictability to the law, it is not without its limitations and critics. Some scholars have argued that the Court has decided cases according to the Justices' own political preferences. Critics of stare decisis may also argue that it is an inflexible doctrine that fails to adapt to changing circumstances and societal developments.
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Formalism: The Constitution sets out how federal power is distributed
Formalism is one of the two basic approaches that seek to make sense of the relationships among the three branches of the federal government, the relationship between the federal and state governments, and the relationship between the government and the people. This mode of interpretation posits that the Constitution outlines all the ways in which federal power may be shared, allocated, or distributed.
The Constitution establishes the federal judiciary and vests the judicial power of the United States in the Supreme Court and inferior courts established by Congress. It grants the Supreme Court original jurisdiction over certain cases, such as suits between states or cases involving ambassadors. It also permits the Supreme Court to exercise appellate jurisdiction on cases involving constitutional or federal law.
The Supreme Court's power of judicial review is essential in ensuring that each branch of government recognizes its limits. This power allows the Court to declare acts of Congress or the Executive in violation of the Constitution. By doing so, the Court can protect civil rights and liberties and set limits on democratic government, safeguarding the fundamental values of Americans.
Formalism, as an approach to constitutional interpretation, recognizes the structure and design of the Constitution. It draws inferences from the Constitution's design to establish the relationships between the branches of government and the distribution of federal power. This approach highlights the importance of the Constitution in defining the boundaries of federal power and the role of the Supreme Court in interpreting and upholding those boundaries.
While formalism focuses on the structure and distribution of power outlined in the Constitution, other approaches to interpretation, such as originalism, textualism, and progressive interpretation, also play a role in shaping how justices interpret the Constitution. These approaches reflect the dynamic nature of constitutional interpretation and the ongoing debate between strict adherence to the original meaning and adapting to evolving societal values.
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Progressivism: The Constitution is a living document that adapts to changing circumstances
Progressivism asserts that the Constitution is a living document that should adapt to changing circumstances and evolve over time. This interpretation style, also known as "living constitutionalism", argues that the Constitution should be interpreted in a way that reflects modern contexts and values. This view is particularly prominent among liberal justices and scholars.
The idea behind treating the Constitution as a living document is that it should not be constrained by the interpretations of the past but should instead be adaptable to address contemporary issues. This approach becomes especially relevant when the Constitution is silent or vague on certain matters. In such cases, proponents of this view argue that the "spirit" of the Constitution can be discerned by reading its clauses and other statutes, and this spirit can then be applied to the case at hand.
For example, the 14th Amendment's guarantee of equal protection was not originally intended to protect gay rights, as sodomy was a crime when the amendment was adopted. However, with changing societal values, non-originalists argue that the Constitution should now be interpreted to extend equal protection to sexual orientation. This interpretation reflects the evolving understanding of equality and non-discrimination.
Additionally, critics of originalism, which is the view that the Constitution should be interpreted as it was at the time of its drafting, argue that it is an inflexible and flawed method. They contend that the drafters of the Constitution could not have foreseen all the situations that would arise in modern times. By adhering strictly to original meaning, critics argue that minority rights may not be adequately protected, as women and minorities did not enjoy the same rights at the time of the Constitution's ratification.
In conclusion, the progressive view of interpreting the Constitution as a living document emphasizes adaptability and evolution. It recognizes that America has changed rapidly since the Constitution's drafting over two hundred years ago, and thus, interpretations should adapt to reflect contemporary values and circumstances. This approach allows for a more dynamic and inclusive application of constitutional principles.
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