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.

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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.

Legal issues & crime, Government regulation (cont), Government regulation, Legal/Government Regulation, Methods, Laws, regulations and rules, Constitutional history, Original intent (Law)

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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.

Beliefs, opinions and attitudes

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