ABSTRACT

Modes of Constitutional Analysis: Pragmatism (Part 5) [December 30, 2021]   [open pdf - 682KB]

From the Document: "This Legal Sidebar Post is the fifth in a nine-part series that discusses certain 'methods' or 'modes' of analysis that the Supreme Court has employed to determine the meaning of a provision within the Constitution. [...] In contrast to textualist [hyperlink] and some originalist [hyperlink] approaches to constitutional interpretation, which generally focus on how the words of the Constitution are understood, pragmatist approaches consider [hyperlink] the likely practical consequences of particular interpretations of the Constitution. That is, pragmatist approaches often involve the Court weighing or balancing [hyperlink] the probable practical consequences of one interpretation of the Constitution against other interpretations. One flavor of pragmatism weighs the future costs and benefits of an interpretation to society or the political branches, selecting the interpretation that may lead to the perceived best outcome."

Report Number:
CRS Legal Sidebar, LSB10679
Author:
Publisher:
Date:
2021-12-30
Series:
Copyright:
Public Domain
Retrieved From:
Congressional Research Service: https://crsreports.congress.gov/
Format:
pdf
Media Type:
application/pdf
URL:
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