pls337 - interpretation modes

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12 Terms

1

legalism

why do justices reach particular decisions and what forces play a role in determining those choices

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2

original intent

what did the framers want

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3

original meaning

considers what a clause meant to those when it was enacted

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4

textualism

places emphasis on what the constitution sayss

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5

structural analysis

interpretations of particular clauses should be consistence w/ overarhing structures or governing principles in the constitution

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6

stare decisis

let the decision stand ; what courts have written about a clause

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7

pragmatism

the effects of various interpretations, suggesting that the courts should adopt the one that avoids bad consequences

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8

polling other jurisdiction

examines practices in the U.S. & Abroad

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9

originalismm

original intent/meaninf.

interpreting the constitution in line w/ what it meant at the time of its drafting

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10

promulgated

promote or widely known

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11

ratio decidendi

establishing the princples of a casere

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12

realism

justices are meant to make ruling w/o political imput

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