Tuesday, October 26, 2010

Constitutional Interpretation

Wayne ("Carrifex") asked for some references on constitutional interpretation. I list several below. The first three are basically "conservativie" theories of interpretation. But most folks don't realize that "originalism" is not the same thing as "textualism"; indeed, "originalism" can give answers diametrically opposite "textualism." The last citation is more of a criticism of orginalism and textualism, although I've only skimmed through it briefly. (Justice Stephen Breyer has a book out as well, although I haven't had a chance to read it.)

Whittington writes well and is extremely smart.

Keith Whittington, Constitutional Interpretation: Textual Meaning, Original Intent, and Judicial Review (Lawrence: University Press of Kansas, 1999; paper 2001)

Keith Whittington, "The New Originalism,” Georgetown Journal of Law and Public Policy 2:2 (Summer 2004): 599-613, can be downloaded here.

Antonin Scalia, A Matter of Interpretation: Federal Courts and the Law (Princeton University Press, 1998).

American Constitution Society, It’s a Constitution We’re Expounding, Collected Writings on Interpreting Our Constitution (2009).


Blogger Wayne said...

Thanks, Jim. Very helpful.

October 28, 2010 3:01 PM  

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