Jonah Patel
The interpretation of the US Constitution has been a topic of debate among Supreme Court justices, with some favoring originalist interpretations and others advocating for a more progressive, adaptable approach. Originalists believe that the Constitution's text has an objectively identifiable meaning that has not changed since its founding and should be interpreted as such. This includes interpretation styles such as textualism, original intent, and strict constructionism. On the other hand, progressive interpretations treat the Constitution as a living document that should adapt to changing circumstances and societal values. This debate is particularly relevant when interpreting vague passages in the Constitution, such as the Fifth Amendment's guarantee of due process and the 14th Amendment's principle of equal protection of the laws. While originalist interpretations aim to respect the framers' intentions, progressive interpretations argue that the Constitution should evolve to reflect modern societal changes, with some justices like Ruth Bader Ginsburg advocating for interpretations that adapt to a changing United States.
| Characteristics | Values |
|---|---|
| Interpretation styles | Originalist or progressive |
| Originalist styles | Original intent, textualism, strict constructionism |
| Textualism | Emphasizes how terms were understood at the time of ratification |
| Original intent | Framers' intentions should be considered and respected |
| Progressive style | Constitution is a living document that adapts to changing circumstances |
| Structuralism | Considers the entire text of the Constitution, not just particular parts |
| Non-originalist view | Constitution should be read in a new way to reflect changing societal values |
| Originalist view | Allowing interpretive freedom is to abandon the Constitution |
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What You'll Learn
Originalism vs. progressive interpretation
Originalism is a legal theory in the United States that bases constitutional, judicial, and statutory interpretation of text on the original understanding at the time of its adoption. Originalism consists of a family of different theories of constitutional interpretation and can refer to original intent or original meaning. Original intent relies on what the framers of the Constitution intended a clause to mean when they wrote the document. Original meaning, on the other hand, focuses on the relationships between words and the commonly understood meanings of those words both at the time the Constitution was written and the present day.
Proponents of originalism argue that it was the primary method of legal interpretation in America from its founding until the time of the New Deal. They object to judicial activism and other interpretations related to a living constitution framework. Instead, originalists argue for democratic modifications of laws through the legislature or through constitutional amendment.
The first originalists, such as Robert Bork, presented originalism as a principled alternative to an ad hoc, politically opportunistic approach to legal interpretation. Bork noted that without specification in a constitutional text, judges are free to input their own values while interpreting a constitution. By following the original meaning, an originalist Supreme Court would "need make no fundamental value choices," and its rulings would be restrained.
Originalism's critics often turn to the competing concept of the Living Constitution, which asserts that a constitution should evolve and be interpreted based on the context of current times. A more progressive style of interpretation treats the Constitution as a living document that adapts to changing circumstances and evolves over time. When the Constitution is not explicit on an issue, clauses of the constitution and other statutes can be read to find their "spirit", and this spirit can then be applied to the case.
Justices subscribing to originalism include Clarence Thomas, Samuel Alito, Neil Gorsuch, Amy Coney Barrett, and Antonin Scalia. On the other hand, critics of conservative originalism include Supreme Court Justice Elena Kagan, who argues that some aspects of the constitution were intentionally broad and vague to allow for future generations to interpret them along with the times. Justice Ruth Bader Ginsburg also argued that interpretations of the Constitution should adapt to a changing United States.
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Textualism
Textualist judges have argued that courts should not treat committee reports or sponsors' statements as authoritative evidence of legislative intent. This form of textualism is sometimes referred to as pure textualism or literalism. An example of this is Justice Hugo Black's use of textualism in a First Amendment case, where he contended that the text of the First Amendment, which states that "Congress shall make no law...abridging the freedom of speech, or of the press," absolutely forbids Congress from enacting any law that would curtail these rights.
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Original intent
Originalism is one of the primary methods of interpreting the US Constitution, alongside textualism and strict constructionism. Originalism holds that the Constitution should be interpreted based on the intentions of those who framed the document. This means that the original meaning of the text, as understood by the populace at the time of the Founding, should be respected and upheld. Originalists believe that the Constitution's text had an "objectively identifiable" or public meaning that has not changed over time.
Originalists argue that the intentions of the framers of the Constitution should always be considered and respected. This view holds that the framers of the Constitution deliberately left certain principles vague and open-ended, such as "due process" and "equal protection," so that they could evolve in the future. Originalists believe that judges should not impose their personal values on the Constitution, but instead interpret it in light of changing values and circumstances.
The originalist interpretation of the Constitution has been particularly influential among conservative justices. For example, in the context of the 14th Amendment's guarantee of equal protection, originalists argue that this was not intended to protect gay rights, as sodomy was a crime at the time. Originalists believe that allowing the Constitution to be interpreted in a new way, to include sexual orientation, would be to abandon the original intentions of the framers.
Originalism as an interpretive framework arose in the 1970s and 1980s among conservatives, in response to the liberal decisions of the Supreme Court under Chief Justice Earl Warren. Originalism was a rallying cry for conservatives seeking to uphold the original intentions of the framers of the Constitution. While originalism is often associated with conservative justices, it is important to note that interpretation styles are not strictly divided along ideological lines, and justices may adopt a mix of interpretive styles.
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Structuralism
Proponents of structuralism argue that it provides a firmer basis for personal rights than other modes of interpretation, such as textualism or moral reasoning. Structuralism does not restrict itself to the text of the Constitution but considers the structural relationships and the spirit of the document. This is in contrast to textualism, which focuses on the specific words and their commonly understood meanings at the time of writing and in the present day.
Textualism, associated with the late Justice Antonin Scalia, emphasizes how the terms in the Constitution would have been understood by people when they were ratified and the context in which those terms appear. Textualists believe there is an objective meaning to the text and do not typically consider the intentions of those who drafted, adopted, or ratified the Constitution.
Originalism, another interpretation style, asserts that the Constitution's text had an "objectively identifiable" or public meaning at the time of its founding that has not changed. Originalists believe that judges should not impose their personal values on the Constitution and that the framers' intentions should be respected. However, critics argue that originalism fails to account for changing values and new circumstances.
A more progressive style of interpretation, on the other hand, treats the Constitution as a living document that adapts to changing circumstances and evolves over time. This view aligns with the belief that societal values have changed, and the Constitution should be read in a new way to accommodate these changes. For example, the equal protection clause has been reinterpreted to include sexual orientation, which was not the original intent but reflects modern societal values.
In summary, structuralism is a method of interpreting the Constitution that considers the document as a whole and the structural relationships within it. This approach provides a basis for interpreting vague provisions and is said to offer stronger protection for individual rights. Other interpretation styles, such as textualism and originalism, differ in their focus on specific words, context, and the intentions of the framers. Progressive interpretations treat the Constitution as a living document that evolves, reflecting modern societal values.
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The Constitution as a living document
The interpretation of the US Constitution has been a topic of debate among Supreme Court justices, with some arguing for a strict textualist approach and others advocating for a more progressive, living document interpretation. The latter view asserts that the Constitution should be seen as a living document that adapts to the changing circumstances and evolving nature of American society. This perspective, also known as progressive interpretation, believes that the spirit and intent of the Constitution's clauses can be applied to modern issues not explicitly covered in the document. This is in contrast to the originalist approach, which focuses on the original intent of the framers and the text's objective meaning at the time of its writing.
The progressive interpretation of the Constitution as a living document is supported by several notable figures, including Justice Ruth Bader Ginsburg, who argued for interpretations that adapt to a changing United States. This view aligns with the belief that certain principles in the Constitution, such as "due process" and "equal protection," were intentionally left vague by the framers to allow for future evolution and interpretation. By embracing a living document interpretation, justices can ensure that the Constitution remains relevant and applicable to modern societal values and legal issues.
For example, the 14th Amendment's guarantee of equal protection has been interpreted differently by originalists and living document advocates. Originalists argue that the amendment was not intended to protect gay rights, as sodomy was criminalized at the time of its writing. In contrast, living document supporters contend that societal values have shifted radically, and the Constitution should be read with an inclusive interpretation of equal protection, extending to sexual orientation. This example illustrates how a living document interpretation can lead to a more inclusive and adaptive understanding of the law.
The living document interpretation also aligns with the concept of structuralism, which considers the entire text of the Constitution rather than focusing on specific parts. Structuralism provides a clearer basis for justifying vague provisions and their application to specific circumstances. It allows for a more flexible interpretation of individual rights, as seen in the Crandall v. Nevada case, where the Court inferred an individual right to travel from the structural relationship between citizens and governments established in the Constitution.
In conclusion, the interpretation of the Constitution as a living document is a progressive approach that adapts to the changing needs and values of American society. By embracing this perspective, justices can ensure that the Constitution remains a relevant and dynamic framework for interpreting modern legal issues. While originalists argue for a stricter adherence to the text's original intent, the living document interpretation allows for a more inclusive, flexible, and forward-thinking application of constitutional principles.
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Frequently asked questions
Justices who believe the Constitution is a living document, such as Ruth Bader Ginsburg, are more likely to interpret it in light of changing values and new circumstances.
Originalists, including the late Antonin Scalia, argue that the Constitution's text had an "objectively identifiable" meaning at the time of its founding that has not changed over time.
A progressive interpretation of the Constitution allows for a spirit to be derived from the document and applied to a case. For example, the equal protection clause has been interpreted to include sexual orientation, reflecting a change in societal values.
