Week 1- Modes of Constitutional Interpretation

Supreme Court / Judicial Review

The power of courts to determine whether government actions are constitutional and invalidate those that violate the Constitution.

What landmark case established judicial review?

Marbury v. Madison.

What is precedent/stare decisis?

The principle that courts generally follow prior judicial decisions to promote consistency and stability.

What is a holding?

The legal rule or outcome of a case.

What is a concurring opinion?

An opinion agreeing with the Court's outcome but disagreeing with its reasoning.

What is a dissenting opinion?

An opinion written by a justice who disagrees with the majority; it is not binding precedent.

What is textualism?

Interpreting the Constitution according to the words of the text and their ordinary meaning.

What does textualism try to avoid?

Relying on the framers' intent, policy consequences, or judges' personal values.

What is the main argument FOR textualism?

It limits judicial discretion and makes constitutional interpretation more predictable by focusing on the actual text.

What is a major criticism of textualism?

Constitutional language can be broad or ambiguous, so judges can still disagree about what the "plain meaning" actually is.

What is originalism?

Interpreting the Constitution according to its original public meaning at the time of the Founding.

What sources might originalists use?

Founding-era dictionaries, Constitutional Convention debates, Federalist Papers, common law, and early state constitutions.

What is the main argument FOR originalism?

It limits judicial discretion and bases constitutional meaning on the understanding of the people who adopted the Constitution.

What is a major criticism of originalism?

Historical evidence can be incomplete or conflicting, allowing judges to select evidence that supports their preferred interpretation.

What does the precedent approach focus on?

Principles and rules established by previous judicial decisions.

Why is precedent important?

It promotes consistency, stability, predictability, and reliance on established law.

Why might the Supreme Court preserve a precedent even if some justices think it was wrongly decided?

To preserve stability, settled expectations, and consistency in the law.

What is pragmatism?

Interpreting the Constitution based on practical consequences and real-world outcomes.

What does pragmatism prioritize?

The interpretation that produces the most workable or beneficial result and avoids harmful consequences.

What is a major criticism of pragmatism?

It gives judges broad discretion and may allow personal or political preferences to influence what they consider the "best" outcome.

What is moral reasoning?

Interpreting constitutional provisions according to the moral principles and ideals underlying them.

What types of constitutional language particularly invite moral reasoning?

Broad concepts such as liberty, due process, equality, and justice.

What is a major criticism of moral reasoning?

It can be subjective because judges may rely on their own values about what is morally right.

What is national identity/constitutional ethos?

Interpreting the Constitution according to the shared values, traditions, and character of American society.

What does this approach focus on?

American ideals such as liberty, democracy, autonomy, freedom of thought, and family traditions.

What is a major criticism of national identity reasoning?

Judges may disagree about what America's "true" identity or values actually are, allowing personal beliefs to influence interpretation.

What is structuralism?

Interpreting the Constitution by examining the relationships and design of government established by the Constitution.

What does structuralism focus on?

Separation of powers, federalism, checks and balances, and relationships between governmental institutions.

What question does structural reasoning ask?

"How does this provision fit within the Constitution's overall structure?"

What is a major criticism of structuralism?

The Constitution's structure can be interpreted in different ways, giving judges considerable discretion.

What is formalism?

A strict approach to separation of powers that requires government branches to follow the Constitution's structural divisions and procedures.

What does formalism prioritize?

Strict adherence to constitutional rules and boundaries.

What is a major criticism of formalism?

It can be rigid and fail to account for practical realities or modern governmental needs.

What is functionalism?

A flexible approach that asks whether a governmental arrangement interferes with a branch's core constitutional functions.

What does functionalism prioritize?

Practical consequences and whether government institutions can effectively perform their constitutional roles.

What is the key difference between formalism and functionalism?

Formalism strictly enforces structural boundaries; functionalism asks whether those boundaries actually interfere with a branch's core function.

What are historical practices?

Using long-standing governmental practices to help determine constitutional meaning.

Whose behavior is examined under the historical-practices approach?

The behavior of political institutions such as Congress and the President, rather than primarily relying on judicial decisions.

When are historical practices especially useful?

When constitutional text is ambiguous and long-standing governmental practice can help clarify its meaning.

What is a major criticism of historical practices?

Historical practices can be ambiguous, conflicting, or even reflect harmful traditions.