MODALITIES OF CONSTITUTIONAL INTERPRETATION The Constitution (1789) Am. 10: States’ Rights Art. 1: Legislative Powers Am. 11 (1795): Sovereign Art. 2: Executive Powers Immunity Art. 3: Judicial Powers 12 (1804): Reforming Art. 4: Relationships Among the Executive Election Procedures States Am. 13 (1865): Abolish Slavery Art. 5: Amendment Procedure Am. 14: (1868): Privileges or Art. 6: National Debt and Immunities, DPC, EPC Supremacy Clause Am. 15 (1870): Abolish 7: Ratification Procedures Based Voting Restrictions Bill of Rights (1791) Am. 16 (1913): Income Taxes Am. 1: Freedom of Expression Am. 17 (1913): Direct Election (Religion, Speech, Press, of Senators Assembly, Petition) and 18 (1919): Prohibition Establishment Am. 19 (1920): Women’s Am. 2: Right to Bear Arms Suffrage Am. 3: Quartering of Troops Am. 20 (1933): Lame Ducks Am. 4: Unreasonable Search and Am. 21 (1933): Repeal of Seizure Prohibition Am. 5: Due Process of Law Am. 22 (1951): Presidential (Grand Jury, Double Jeopardy, Term Limits Self-Incrimination, DPC, 23 (1961): Electoral Takings) for D.C. Am. 6: Right to Fair 24 (1964): Banning Poll (Speedy, Public criminal trial, Tax Confrontation, Subpoena, 25 (1967): Presidential Counsel) Succession and Disability 7: Trial by Jury in Civil 26 (1971): Suffrage for Cases Young People Am. 8: and Unusual Am. 27 (1992): Limiting Punishment Congressional Pay Raises Am. 9: Unenumerated Rights Bobbitt’s Modalities of Constitutional Interpretation Historical (Intentional): Intentions of the framers/ratifiers Gives weight to original purpose, clarifies ambiguities Changed role argument Framers vs. Congressman Must of what we rely on for intent are persuasive arguments/documents, trial written/spoken by one person (e.g. Federalist papers) Doctrinal: Rules generated through judicial precedent decisis – Easy to follow, evolves with time But obscures original intent and gives significant power to judiciary Can perpetuate incorrectly decided cases in the name of precision over accuracy Ethical: Interpreting the Constitution to reflect American ethos
MODALITIES OF CONSTITUTIONAL INTERPRETATION The Constitution (1789) Art. 1: Legislative Powers Art. 2: Executive Powers Art. 3: Judicial Powers Art. 4: Relationships Among the States Art. 5: Amendment Procedure Art. 6: National Debt and Supremacy Clause 7: Ratification Procedures Bill of Rights (1791) Am. 1: Freedom of Expression (Religion, Speech, Press, Assembly, Petition) and Establishment Am. 2: Right to Bear Arms Am. 3: Quartering of Troops Am. 4: Unreasonable Search and Seizure Am. 5: Due Process of Law (Grand Jury, Double Jeopardy, Self-Incrimination, DPC, Takings) Am. 6: Right to Fair (Speedy, Public criminal trial, Confrontation, Subpoena, Counsel) 7: Trial by Jury in Civil Cases Am. 8: and Unusual Punishment Am. 9: Unenumerated Rights Am. 10: States’ Rights Am. 11 (1795): Sovereign Immunity 12 (1804): Reforming Executive Election Procedures Am. 13 (1865): Abolish Slavery Am. 14: (1868): Privileges or Immunities, DPC, EPC Am. 15 (1870): Abolish Voting Restrictions Am. 16 (1913): Income Taxes Am. 17 (1913): Direct Election of Senators 18 (1919): Prohibition Am. 19 (1920): Women’s Suffrage Am. 20 (1933): Lame Ducks Am. 21 (1933): Repeal of Prohibition Am. 22 (1951): Presidential Term Limits 23 (1961): Electoral for D.C. 24 (1964): Banning Poll Tax 25 (1967): Presidential Succession and Disability 26 (1971): Suffrage for Young People Am. 27 (1992): Limiting Congressional Pay Raises Bobbitt’s Modalities of Constitutional Interpretation Historical (Intentional): Intentions of the framers/ratifiers Gives weight to original purpose, clarifies ambiguities Changed role argument Framers vs. Congressman Must of what we rely on for intent are persuasive arguments/documents, written/spoken by one person (e.g. Federalist papers) Doctrinal: decisis – Rules generated through judicial precedent Easy to follow, evolves with time But obscures original intent and gives significant power to judiciary Can perpetuate incorrectly decided cases in the name of precision over accuracy Ethical: Interpreting the Constitution to reflect American ethos trial Based