ABSTRACT

Modes of Constitutional Analysis: Moral Reasoning and the National Ethos (Part 6) [January 13, 2022]   [open pdf - 697KB]

From the Document: "This Legal Sidebar Post is the sixth 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. (For additional background on this topic and citations to relevant sources, please see CRS [Congressional Research Service] Report R45129, 'Modes of Constitutional Interpretation' [hyperlink].) Another approach to constitutional interpretation is based on moral or ethical reasoning--often broadly called the 'ethos of the law.' Under this approach, some constitutional text employs terms that are informed by certain moral concepts or ideals, such as 'equal protection' or 'due process of law.' The moral or ethical arguments based on the text often pertain to the limits of government authority over the individual (i.e., individual rights)."

Report Number:
CRS Legal Sidebar, LSB10684
Author:
Publisher:
Date:
2022-01-13
Series:
Copyright:
Public Domain
Retrieved From:
Congressional Research Service: https://crsreports.congress.gov/
Format:
pdf
Media Type:
application/pdf
URL:
Help with citations