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Modes of Constitutional Interpretation - fas.org

Modes of Constitutional Interpretation Brandon J. Murrill Legislative Attorney March 15, 2018. Congressional Research Service 7-5700. R45129. Modes of Constitutional Interpretation Summary When exercising its power to review the constitutionality of governmental action, the Supreme Court has relied on certain methods or Modes of Interpretation that is, ways of figuring out a particular meaning of a provision within the Constitution. This report broadly describes the most common Modes of Constitutional Interpretation ; discusses examples of Supreme Court decisions that demonstrate the application of these methods; and provides a general overview of the various arguments in support of, and in opposition to, the use of such methods of Constitutional Interpretation . Textualism. Textualism is a mode of Interpretation that focuses on the plain meaning of the text of a legal document.

Modes of Constitutional Interpretation Congressional Research Service 1 Introduction Early in the history of the United States, the Supreme Court began to exercise the power that it is

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