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The Supreme Court’s decision in Chevron U.S.A. Inc v Natural Resources Defense Council, Inc has created a cottage industry in choreography.
Can the US Constitution, as currently written, handle the problem of excessive partisanship? Or, instead, does the Constitution need to be amended to address this problem?
Interpretation requires an object: a text, an act, a concept, a something to be interpreted. An interpreter must pick out that object.
Many tenets of statutory interpretation take a peculiar form. They allow consideration of outside information—legislative history, practical consequences, the statute’s title, etc.—but only if the statute’s text is unclear or ambiguous.
I. Cases and Problems
I. The Theoretical Framework
The development of an originalist methodology requires a theoretical framework, the elaboration of which can begin with the idea of meaning itself.
A. The Meaning of “Meaning”
I. Analogical Reasoning in Law—The Traditional View
I. Imagining Alternatives and Identifying a Puzzle