- Shopping Bag ( 0 items )
Methods of Interpretation: How the Supreme Court Reads the Constitution examines the various methodologies the Supreme Court, and individual justices, have employed throughout history when interpreting the Constitution. Rather than attempting to set forth an overall theory of constitutional interpretation or plunge into the never ending scholarly debate over interpretative theory, Lackland H. Bloom focuses exclusively on what the Court and individual justices have done and said about constitutional interpretation in the course of deciding constitutional cases. He identifies many of the best, and a few of the worst, examples of particular interpretative methodologies, as well as the best examples of explicit discussions of constitutional interpretation by the Court and individual justices. Professor Bloom pays particular focus on the Supreme Court's approaches to constitutional interpretation since it is the Court that sets the standards. Although commentators may have the final word on what constitutional interpretation should be, he argues that the Court essentially has the final word on what it actually is.
Chapter One: Textualism
Chapter Two: The Original Understanding
Chapter Three: Tradition and Practice
Chapter Four: Constitutional Structure
Chapter Five: Precedent
Chapter Six: Deriving Doctrine
Chapter Seven: Shaping, Clarifying, and Changing Doctrine
Chapter Eight: Consequential Reasoning
Chapter Nine: Rhetoric
Posted February 16, 2009
I have gond through several chapters of this book and find it a valuable resource. For those not familiar with constitutional law, the book offers an excellent introduction of how the Court has actually decided cases and presents an overview of ongoing debates over controversial opinions. For those knowledgeable of the field, the book synthesizes various interpretative approaches and offers a valuable assessment of what works and what does not.Was this review helpful? Yes NoThank you for your feedback. Report this reviewThank you, this review has been flagged.