ABSTRACT

Modes of Constitutional Analysis: Structuralism (Part 7) [January 13, 2022]   [open pdf - 700KB]

From the Document: "This Legal Sidebar Post is the seventh 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].) One of the most common modes of constitutional interpretation is based on the Constitution's structure. Drawing inferences from the Constitution's design gives rise to some of the most important relationships the Constitution establishes--the relationships among the three branches of the federal government (commonly called separation of powers or checks and balances); the relationship between the federal and state governments (known as federalism); and the relationship between the government and the people. Two basic approaches seek to make sense of these relationships."

Report Number:
CRS Legal Sidebar, LSB10685
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:
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