Overview
Constitutional interpretation theories are essential for understanding how the Constitution is applied in legal contexts. These theories, including originalism, living Constitution, textualism, and pragmatism, provide frameworks for judges and lawmakers to interpret the Constitution's text and princ...
Key Terms
Example: Originalists argue that the Second Amendment guarantees an individual's right to bear arms.
Example: Proponents of the living Constitution believe that rights should evolve with societal changes.
Example: Textualists argue that the Constitution should be interpreted based on the text alone, without considering intent.
Example: Pragmatists may support a ruling based on its potential impact on society rather than strict textual analysis.
Example: Judicial review allows the Supreme Court to invalidate laws that violate constitutional principles.
Example: The principle of stare decisis means that courts should follow precedents set by higher courts.