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1 results

  • 3 - Original Methods and the Limits of Interpretation

  • Donald L. Drakeman, University of Notre Dame, Indiana
  • Book:
    The Hollow Core of Constitutional Theory
    Published online:
    26 January 2021
    Print publication:
    08 April 2021, pp 55-77

  • Summary

    This chapter demonstrates that the search for the lawmaker’s intentions – their end–means choice – was the central element of the Framers’ “original methods” of interpretation, as discussed by John McGinnis and Michael Rappaport. It also shows that dynamic or updated interpretations have an equally long heritage, although there is a sharp distinction between updated interpretations and judicial policymaking. The history of interpretation shows how it is possible to distinguish between decisions involving interpretive adaptations to new circumstances, and results-oriented, noninterpretive decisions.