Eleanor Finch
The Supreme Court's interpretation of the Constitution is a highly complex and contentious issue. The Court's power of judicial review allows it to declare acts of Congress or the Executive unconstitutional, and this power is not explicitly mentioned in the Constitution. When interpreting the Constitution, the Court has relied on certain methods or modes, which include textualism, original meaning, judicial precedent, pragmatism, moral reasoning, national identity, structuralism, and historical practices. Textualism is a mode of interpretation that focuses on the plain meaning of the text of a legal document, while originalism considers the meaning of the Constitution as understood by the populace at the time of its founding. Judicial precedent is also a significant factor, where the Court's prior decisions on constitutional law are considered. The Court's interpretations have a significant impact on society, influencing civil rights and liberties, and ensuring that popular majorities cannot pass laws that harm minorities. The Court's decisions are not always consistent with the constitutional text, and there is debate over the sources and methods the Court should use in its interpretations.
| Characteristics | Values |
|---|---|
| Interpretation methods | Textualism, original meaning, judicial precedent, pragmatism, moral reasoning, national identity, structuralism, historical practices |
| Judges' approaches | Originalists, moderate interpretivists, pragmatists |
| Judges' backgrounds | Prosecutorial experience, no prosecutorial experience |
| Judges' interpretation styles | Original intent, general originalism, textualism, living document, progressive interpretation |
| Powers | Judicial review, declaring a Legislative or Executive act in violation of the Constitution, protecting civil rights and liberties, setting limits on democratic government |
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Textualism
The word "textualism" was first used by Mark Pattison in 1863 to criticise Puritan theology, according to the Oxford English Dictionary. Justice Robert Jackson was the first to use the word "textualism" in a Supreme Court opinion a century later in Youngstown Sheet & Tube Co. v. Bock Laundry Machine Co. In this case, Justice Scalia concurred with the decision, stating that they were "confronted with a statute which, if interpreted literally, produces an absurd, and perhaps unconstitutional, result." He argued for giving an alternative meaning to the word "defendant" in the statute to avoid this consequence.
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Originalism
Proponents of Originalism argue that it was the primary method of legal interpretation in America from its founding until the New Deal, when competing theories of interpretation gained prominence. Jurist Robert Bork is credited with proposing the first modern theory of Originalism in his 1971 law review article, "Neutral Principles and Some First Amendment Problems," published in The Yale Law Journal. Law professor Raoul Berger expanded on the theory in his 1977 book "Government by Judiciary," arguing that the rulings by the Warren and Burger Courts were illegitimate as they deviated from the Constitution's original intent. In 1985, Edwin Meese, United States Attorney General under President Ronald Reagan, advanced a constitutional jurisprudence based on Originalism in a speech before the American Bar Association.
Critics of Originalism argue that the original intent of the Founding Fathers is indiscernible and that the text can only be understood in present terms. During the 1980s, liberal members of the legal academy criticized the original intent formulated by Bork, Berger, and Meese.
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Judicial precedent
The Supreme Court is the highest court in the US and is the court of last resort for those seeking justice. It has the power of judicial review, which means it can declare a Legislative or Executive act in violation of the Constitution. The Court's interpretation of the Constitution is considered the law of the land.
When interpreting the Constitution, the Supreme Court relies on certain "methods" or "modes" of interpretation. Textualism, for example, is a mode of interpretation that focuses on the plain meaning of the text of a legal document. Textualists like the late Justice Antonin Scalia believe that one should only look at the text of the relevant provision when applying the Constitution to a case.
Another mode of interpretation is originalism, which considers the meaning of the Constitution as understood by the populace at the time of the Founding. Originalists generally agree that the Constitution's text had an "objectively identifiable" or public meaning at the time of the Founding that has not changed over time. They believe that the Fourteenth Amendment always forbade racial segregation, even before the Supreme Court's decision in Plessy v. Ferguson upheld segregation.
Living Constitutionalists, on the other hand, believe that the meaning of the Constitution changes over time as social attitudes change. They believe that racial segregation was constitutional from 1877 to 1954 because public opinion favored it, and it only became unconstitutional after the Supreme Court's decision in Brown v. Board of Education.
In interpreting the Constitution, the Supreme Court also has the power to strike down state laws found to be in violation of it. This power of judicial review ensures that each branch of government recognizes the limits of its power. However, some scholars argue that the Court has decided cases according to the Justices' own political preferences.
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Judicial review
The Supreme Court is the highest court in the United States, with one Chief Justice and eight Associate Justices. It was established by Article III of the Constitution, which also vests the federal judiciary with judicial power. The Supreme Court has original jurisdiction over certain cases, such as suits between states, and appellate jurisdiction over almost any other case involving a point of constitutional or federal law.
The Court's power of judicial review 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 (1803), where the Court held that an Act of Congress contrary to the Constitution could not stand. The Supreme Court's interpretation of the Constitution is thus paramount, and it has the final say on when a right is protected or violated by the Constitution.
When interpreting the Constitution, the Supreme Court has relied on certain "methods" or "modes" of interpretation. Textualism, for example, focuses on the plain meaning of the text of the Constitution, considering how the terms would have been understood at the time of ratification. Originalism, on the other hand, holds that the Constitution's text has an "objectively identifiable" meaning at the time of the Founding that has not changed. Living Constitutionalists, however, believe that the meaning of the Constitution changes over time as social attitudes evolve.
The interpretation style of a Justice is often indicative of their ideological leanings. Textualists and originalists are generally considered more conservative, while living constitutionalists are seen as more liberal. For example, conservative Justice Scalia was a textualist, while the more liberal Justice Ruth Bader Ginsburg argued for a living document interpretation. Judge Posner, meanwhile, has described his approach as pragmatic, focusing on finding sensible solutions to problems within certain bounds.
The Supreme Court's interpretation of the Constitution is thus shaped by the ideological and interpretative leanings of its Justices. While the Court's power of judicial review is essential for ensuring each branch of government recognizes its limits, it has also been criticised for allowing unelected judges to overturn the will of democratically elected officials.
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Nontextual rights
The existence of nontextual rights, whether found in substantive due process, the Privileges or Immunities Clause, the Ninth Amendment, or natural law, is now widely accepted by judges and scholars. However, the real debate lies in determining the specific rights that judges should recognize. The Ninth Amendment, for instance, implies the protection of natural rights, but its interpretation is a subject of dispute among constitutional scholars.
The Ninth Amendment states that the enumeration of certain rights in the Constitution should not be interpreted as denying or disparaging other rights retained by the people. This amendment addresses the concerns of "Anti-Federalists" during the ratification debates, who advocated for a bill of rights. They argued that enumerating specific rights might imply the surrender of any rights not listed. Federalists, on the other hand, believed that a bill of rights could justify governmental power to limit unenumerated liberties.
Despite the controversy, the Ninth Amendment underscores the importance of recognizing nontextual rights. It serves as a reminder that the existence of a written constitution should not be used as an excuse to disregard nontextual rights. However, it also highlights the challenge of relying solely on ancient constitutional text to establish the existence of these rights.
When interpreting the Constitution, the Supreme Court employs various "methods" or "modes" of interpretation to derive the meaning of specific provisions. Textualism, one such mode, focuses on the plain meaning of the text and how it would have been understood by people at the time of ratification. In contrast, originalist approaches consider the objective public meaning of the Constitution at the time of its founding.
Ultimately, the interpretation of nontextual rights falls within the domain of constitutional law, where judges, including Judge Posner, emphasize creating rules that are relevant and sensible in the present day rather than strictly adhering to an old and potentially obsolete document.
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Frequently asked questions
The Supreme Court has the power to review the constitutionality of governmental action, relying on certain "methods" or "modes" of interpretation.
The most common modes of constitutional interpretation include textualism, original meaning, judicial precedent, pragmatism, moral reasoning, national identity, structuralism, and historical practices.
Textualism focuses on the plain meaning of the text of a legal document, while originalism considers the meaning of the Constitution as understood by the populace at the time of its founding.
Justices' ideologies (how liberal or conservative they are) have been shown to significantly influence their votes on the Court. For example, conservative justices like Antonin Scalia have been identified as textualists, while the more liberal Ruth Bader Ginsburg had a progressive interpretation style.
