Lackland H. Bloom
- Published in print:
- 2009
- Published Online:
- September 2009
- ISBN:
- 9780195377118
- eISBN:
- 9780199869510
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195377118.003.0002
- Subject:
- Law, Constitutional and Administrative Law
This chapter discusses intratextualism, reliance on textual purpose, and certain limitations of textualism. First, it explains how the Court has relied upon usage within the constitution, usage in ...
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This chapter discusses intratextualism, reliance on textual purpose, and certain limitations of textualism. First, it explains how the Court has relied upon usage within the constitution, usage in context, congruence over time and with other clauses, and constitutional architecture to discern constitutional meaning. Next, it considers several prominent examples of the Court's reliance on the purpose of the text to illuminate its meaning. Finally, it examines problems posed by the absence of text or by interpretations in conflict with the text using Eleventh Amendment cases as examples.Less
This chapter discusses intratextualism, reliance on textual purpose, and certain limitations of textualism. First, it explains how the Court has relied upon usage within the constitution, usage in context, congruence over time and with other clauses, and constitutional architecture to discern constitutional meaning. Next, it considers several prominent examples of the Court's reliance on the purpose of the text to illuminate its meaning. Finally, it examines problems posed by the absence of text or by interpretations in conflict with the text using Eleventh Amendment cases as examples.
- Published in print:
- 2002
- Published Online:
- March 2013
- ISBN:
- 9780226238081
- eISBN:
- 9780226238104
- Item type:
- chapter
- Publisher:
- University of Chicago Press
- DOI:
- 10.7208/chicago/9780226238104.003.0005
- Subject:
- Law, Constitutional and Administrative Law
This chapter describes an interpretive strategy, and looks at the substantive agenda of Akhil Amar from Yale Law School who can be described as one of the first liberal foundationalists. He ...
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This chapter describes an interpretive strategy, and looks at the substantive agenda of Akhil Amar from Yale Law School who can be described as one of the first liberal foundationalists. He interprets the Constitution to allow freewheeling majority rule, including a right to amend the Constitution without following the rules laid down in Article V. Amar, who is one of the leading constitutional scholars of his generation, calls the interpretive approach that leads to these striking results “intratextualism” or “documentarianism.” He is the only constitutional scholar who has ever tried to defend the Court's reasoning on textual grounds. Therefore, his focus on popular sovereignty and his peculiar reading of the text puts juries at the center of protecting rights, and judges at the periphery.Less
This chapter describes an interpretive strategy, and looks at the substantive agenda of Akhil Amar from Yale Law School who can be described as one of the first liberal foundationalists. He interprets the Constitution to allow freewheeling majority rule, including a right to amend the Constitution without following the rules laid down in Article V. Amar, who is one of the leading constitutional scholars of his generation, calls the interpretive approach that leads to these striking results “intratextualism” or “documentarianism.” He is the only constitutional scholar who has ever tried to defend the Court's reasoning on textual grounds. Therefore, his focus on popular sovereignty and his peculiar reading of the text puts juries at the center of protecting rights, and judges at the periphery.
Timothy Zick
- Published in print:
- 2018
- Published Online:
- August 2018
- ISBN:
- 9780190841416
- eISBN:
- 9780190841447
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780190841416.003.0002
- Subject:
- Law, Constitutional and Administrative Law
Chapter 1 explains one of the book’s central concepts, Rights Dynamism. Rights Dynamism is the process by which constitutional rights—including free speech and other rights discussed in the ...
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Chapter 1 explains one of the book’s central concepts, Rights Dynamism. Rights Dynamism is the process by which constitutional rights—including free speech and other rights discussed in the book—encounter and interact with one another. The chapter situates Rights Dynamism within current modes of constitutional analysis, including intratextualism, common law approaches, and broader theories of constitutional change. It explains the basic elements and mechanics of Rights Dynamism, and how they influence the interpretation and meaning of constitutional rights. Finally, the chapter previews how Rights Dynamism relates to the interactions between free speech and other constitutional rights that are discussed in the remainder of the book.Less
Chapter 1 explains one of the book’s central concepts, Rights Dynamism. Rights Dynamism is the process by which constitutional rights—including free speech and other rights discussed in the book—encounter and interact with one another. The chapter situates Rights Dynamism within current modes of constitutional analysis, including intratextualism, common law approaches, and broader theories of constitutional change. It explains the basic elements and mechanics of Rights Dynamism, and how they influence the interpretation and meaning of constitutional rights. Finally, the chapter previews how Rights Dynamism relates to the interactions between free speech and other constitutional rights that are discussed in the remainder of the book.
