Abstracts » Law

Intratextualism

Article Abstract:

Intratextualism is a method of interpreting the US Constitution in which words and phrases from one clause are compared and contrasted with the same or similar words and phrases from elsewhere in the Constitution. This method contrasts with, and is a useful corrective to, textualism which interprets the Constitution's clauses in isolation from each other. A more holistic view of the Constitution can be achieved through an intratextualist rereading of important constitutional cases.

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Hercules, Herbert, and Amar: the trouble with intratextualism

Article Abstract:

The authors examine Akhil Reed Amar's argument that the US Constitution should be interpreted holistically rather clause by clause. Amar's intratextualism approach to constitutional interpretation is praised for its new insights, but criticized for its tendency to distort constitutional meaning by downplaying other sources of meaning.

Law, Study and teaching, Criticism and interpretation, Legal education, Amar, Akhil Reed

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Foreword: the document and the doctrine

Article Abstract:

The author evaluates cases decided during the US Supreme Court's 1999 term and examines the Court's doctrine against the Constitution. Political issues raised during the year are examined.

Surveys, Jurisprudence, United States. Supreme Court

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