The role of a bill of rights
Article Abstract:
Many controversies over interpretation arise out of different conceptions of the Bill of Rights. It may be seen as a code, a structural corrective for problems of representative government or a charter of individual rights. If these conceptions are used without first being justified, certain fallacies result. These include demanding textual support, believing that all provisions should be considered equally, ignoring issues of judicial competence, attributing equal moral force to every provision and denying judicial authority to decide moral issues.
Publication Name: University of Chicago Law Review
Subject: Law
ISSN: 0041-9494
Year: 1992
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Originalism and interpretive conventions
Article Abstract:
The interpretive methods that existed at the time that the US Constitution was written are considered. The way in which these methods affect the argument that the Constitution ought to be interpreted by determining the "original intent" of its constructors is examined. Evidence does seem to point to the supposition that the founders expected that the meaning of the Constitution would become "fixed", but this does not mean that originalists will cease having to explain unresolved issues.
Publication Name: University of Chicago Law Review
Subject: Law
ISSN: 0041-9494
Year: 2003
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The true wisdom of the Bill of Rights
Article Abstract:
The rights protected by the Bill of Rights require interpretation because they are not fixed. The important factor in constitutional interpretation is continuity rather than identity of rights. The essential freedom protected is the freedom to differ, and the protection is from government interference rather than from the actions of other individuals. However, the Constitution should be seen more as a set of responses to practical issues than as the embodiment of a unified theory.
Publication Name: University of Chicago Law Review
Subject: Law
ISSN: 0041-9494
Year: 1992
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