How Supreme Court Justices Make Decisions
Start writing a post
Politics

How Judicial Interpretation Has Changed The Supreme Court

What is judicial interpretation, and how has it impacted the Supreme Court?

136
How Judicial Interpretation Has Changed The Supreme Court

Judicial interpretation is a term that refers to the various ways in which a country's judiciary might interpret the law. It's no secret that law is complicated. At times, it may be confusing. But the most consistent fact regarding law is that since the formation of the United States, people have had different opinions. In fact, one needs to look no further than the inception of the Constitution itself to find disagreements.

The differences between disagreements at the Constitutional Convention over 200 years ago, or in Congress today, and the difference of opinion that influences the judicial system is established law. In the late 18th century, people were arguing over proposals for the Constitution. Even today, congressmen typically debate policy to be passed. But differences between Supreme Court opinions are a result of interpreting established law differently.

Rather than making proposals, each Supreme Court justice reads the established law. They then take those laws or statutes, interpret them, and apply them to a case. But how can people disagree on established law?

It all originates in legal philosophy and how one reads the law. The Supreme Court is most widely known for its interpretation of Constitutional law. That being said, how can two people read the same document and come to different legal conclusions?

Textualism: Reading the constitution as a textualist goes no further than the meaning of the text. Textualists read and interpret the Constitution for the original meaning of the text. Today, this is the "conservative" approach to assessing the Constitution.

Structuralism: This form of interpretation allows for the structural implementation of the Constitution. It is a contextual approach to interpreting the Constitution. A structuralist would evaluate the Constitution holistically rather than limiting themselves to specific provisions. They then make inferences based on the relationships established within the Constitution.

Doctrinal Approach: The doctrinal approach argues for consistency — that if the Court had previously interpreted a law one way, they should consistently rule in the same vein. If cases are highly similar, rulings should be too.

These different ways of interpreting the United States Constitution have shaped the Supreme Court for years and consistently informs their decisions. Each justice may interpret things in their own way: whether it be through one of these methods, their own personal valuation methods, or a completely different system. The way the justices read and analyze the law is ultimately what defines Supreme Court rulings for decades.

From Your Site Articles
Report this Content
This article has not been reviewed by Odyssey HQ and solely reflects the ideas and opinions of the creator.
Student Life

Waitlisted for a College Class? Here's What to Do!

Dealing with the inevitable realities of college life.

42954
college students waiting in a long line in the hallway
StableDiffusion

Course registration at college can be a big hassle and is almost never talked about. Classes you want to take fill up before you get a chance to register. You might change your mind about a class you want to take and must struggle to find another class to fit in the same time period. You also have to make sure no classes clash by time. Like I said, it's a big hassle.

This semester, I was waitlisted for two classes. Most people in this situation, especially first years, freak out because they don't know what to do. Here is what you should do when this happens.

Keep Reading...Show less
a man and a woman sitting on the beach in front of the sunset

Whether you met your new love interest online, through mutual friends, or another way entirely, you'll definitely want to know what you're getting into. I mean, really, what's the point in entering a relationship with someone if you don't know whether or not you're compatible on a very basic level?

Consider these 21 questions to ask in the talking stage when getting to know that new guy or girl you just started talking to:

Keep Reading...Show less
Lifestyle

Challah vs. Easter Bread: A Delicious Dilemma

Is there really such a difference in Challah bread or Easter Bread?

26966
loaves of challah and easter bread stacked up aside each other, an abundance of food in baskets
StableDiffusion

Ever since I could remember, it was a treat to receive Easter Bread made by my grandmother. We would only have it once a year and the wait was excruciating. Now that my grandmother has gotten older, she has stopped baking a lot of her recipes that require a lot of hand usage--her traditional Italian baking means no machines. So for the past few years, I have missed enjoying my Easter Bread.

Keep Reading...Show less
Adulting

Unlocking Lake People's Secrets: 15 Must-Knows!

There's no other place you'd rather be in the summer.

951984
Group of joyful friends sitting in a boat
Haley Harvey

The people that spend their summers at the lake are a unique group of people.

Whether you grew up going to the lake, have only recently started going, or have only been once or twice, you know it takes a certain kind of person to be a lake person. To the long-time lake people, the lake holds a special place in your heart, no matter how dirty the water may look.

Keep Reading...Show less
Student Life

Top 10 Reasons My School Rocks!

Why I Chose a Small School Over a Big University.

141394
man in black long sleeve shirt and black pants walking on white concrete pathway

I was asked so many times why I wanted to go to a small school when a big university is so much better. Don't get me wrong, I'm sure a big university is great but I absolutely love going to a small school. I know that I miss out on big sporting events and having people actually know where it is. I can't even count how many times I've been asked where it is and I know they won't know so I just say "somewhere in the middle of Wisconsin." But, I get to know most people at my school and I know my professors very well. Not to mention, being able to walk to the other side of campus in 5 minutes at a casual walking pace. I am so happy I made the decision to go to school where I did. I love my school and these are just a few reasons why.

Keep Reading...Show less

Subscribe to Our Newsletter

Facebook Comments