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constitutional interpretation

Sotomayor's First Day of Hearings: Gun Rights and Foreign Law

July 13, 2009

     Two additional topics were raised today in Judge Sonia Sotomayor's first day of confirmation hearings before the Senate Judiciary Committee: the Second Amendment and the influence of foreign law on the interpretation of the Constitution.  Links below, additional analysis will follow tomorrow.

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Responding to Reader Comments on Bork

June 10, 2009

     The thoughtful comments to my postings on why Robert Bork's nomination to the Supreme Court was not confirmed deserve what is hopefully an equally thoughtful response. 

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Why People Disagree About the Meaning of the Constitution – Intent Arguments

October 14, 2008

     In the previous posts in this series I described the three types of textual arguments that people can make to interpret the Constitution: plain meaning, canons of construction, and intratextual arguments.  These are the various techniques that can be employed to interpret the written words of the Constitution.  But it is also possible to [...]

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Why People Disagree About the Meaning of the Constitution: Intratextual Arguments

October 7, 2008

     One way of divining the meaning of the Constitution is to treat it as a dictionary or better yet a codex – as if you were faced with deciphering a large block of hieroglyphics with only internal clues to work with.

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Why People Disagree About the Meaning of the Constitution: Canons of Construction

September 30, 2008

     At the risk of being called a "clever lawyer" (and I guess that's better than being a dumb one!) in this post I will explain what "canons of construction" are.

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Why People Disagree About the Meaning of the Constitution: Plain Meaning Arguments

September 15, 2008

     The first type of legal argument is based upon the text of the law.  When we are interpreting the Constitution you might suppose that this is the only kind of legal argument that should matter – that we should be able to read the language of the Constitution and that honest, well-intentioned people should all come [...]

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Why People Disagree About the Meaning of the Constitution: The Five Types of Legal Argument

September 9, 2008

     I have been practicing and teaching law for over thirty years, but even as I studied law so long ago I remember being perplexed by a commonplace phenomenon. Lawyers and judges disagree about what the law is. In practice and in teaching, as I carefully read and reread the conflicting decisions in the various [...]

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The Supreme Court at the Tipping Point: Racial and Gender Equality

July 21, 2008

      
     Originally the United States Constitution did not embrace the principle of equality. Instead the Constitution protected slavery in gross contradiction to the Declaration of Independence that had stated "all men are created equal."

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