Home
/
RELIGION & LIBERTY ONLINE
/
A crash course on how to interpret the U.S. Constitution
A crash course on how to interpret the U.S. Constitution
Jun 25, 2025 4:42 PM

Today is Constitution Day, a holiday celebrated in America every year on September 17, the anniversary of the day the framers signed the document.

The U.S. Constitution is arguably one of the most important legal documents in the history of the world. Because of this venerated status, though, many people assume that you need to be a Juris Doctor (J.D.) and an expert on recondite Constitutional law to understand how to read the document, much less interpret the Constitution. But as Michael Stokes Paulsen says, reading and understanding the Constitution is not an plicated intellectual exercise. It takes lawyers, judges, and law professors to turn it into something difficult and convoluted.

“Ninety-five percent of constitutional law amounts to deciding how to go about the enterprise of reading and applying the Constitution itself,” adds Paulsen. In the first of a two part series for Public Discourse, he outlines five broad categories of techniques one might use for interpretation.

First, there is the text. The Constitution is a written document, written at a particular time, addressed to a particular munity, reflecting certain assumptions, and designed to function as supreme written law on an ongoing basis. The simplest, most straightforward, and most correct way to interpret the Constitution is to read the words and phrases of the document and apply them in accordance with the meaning the words would have had to reasonably informed readers and speakers of the English language at the time the document was adopted.

That really is all there is to it. Sometimes the text uses terms of art or specialized eighteenth-century meanings that may require a little background knowledge or understanding of history. But that is not all that hard to acquire. In the end, simply reading and understanding the Constitution’s text is not an plicated intellectual exercise. It takes lawyers, judges, and law professors to turn it into something difficult and convoluted. And applying the text according to its natural meaning, in historical context, will properly answer most questions of constitutional law.

Read more . . .

Comments
Welcome to mreligion comments! Please keep conversations courteous and on-topic. To fosterproductive and respectful conversations, you may see comments from our Community Managers.
Sign up to post
Sort by
Show More Comments
RELIGION & LIBERTY ONLINE
Greece: By The Numbers
Greece’s economic problems are so prehension is difficult. Over at NPR, Greg Myre breaks it down for us. 25: The unemployment rate, and that’s probably low-balling. For those under the age of 25, the unemployment rate hovers around 50 percent. 92: The average e earned by a typical citizen is under-reported by 92 percent, on average, to the government. Tax evasion is endemic in Greece and a major contributor to the government’s budget shortfalls. Creditors are demanding this be addressed...
Profile of an Acton University Attendee
Acton University 2015 Participants After working in the DC area for nearly twenty years, Judi Niedercorn recently moved to the Northern Appalachian area of New York where she founded the Northern Appalachian Socio-Economic Collaborative (NASEC) and is in the midst of transferring pany, SysTactics. pany, SysTactics provides technical and managerial consulting services mercial and government clients. NASEC is a non-profit enabling munities of Cattaraugus and Allegany Counties in New York to improve the economy and fight poverty. NASEC is a...
A Testimony of Conscience and Conviction in the Workplace
Hands On Originals is a small pany in Lexington, Kentucky, that, up until recently, had very few problems when they declined to print a certain message. Last year, however, the owner, Blaine Adamson, was found guilty of discrimination by a Lexington human mission for refusing to print T-shirts for a local gay pride festival. missioners ordered that Adamson must violate his conscience, and further, must participate in diversity training to be conducted by mission. Fortunately, this story has a happier...
Poverty in the Developing World
Michael Matheson Miller, research fellow at the Acton Institute, presented a course at Acton University a few weeks ago titled, “Poverty in the Developing World.” The purpose of the lecture was to demonstrate the root cause of global poverty and to analyze the impact of attempts to alleviate poverty through economic aid. Miller was able to draw from the insights he gained during his extensive travels across the globe, and his conclusion was that aid often harms local economies because...
Does ‘Laudato Si’ Lead Inevitably to Fossil Fuel Divestment?
The unfortunate fallout of Pope Francis’ encyclical Laudato Si continues apace. One wishes the pontiff would’ve released it in four separate installments to avoid misinterpretation and seeming – to this reader, at least – contradictions throughout a somewhat unwieldy 180-some pages in which he alternately praises and disparages human technological improvements over the past two centuries. On one hand, he admires mankind’s ingenuity as an example of God’s blessing, but, on the other hand, he doth protest too much methinks...
Does Buying Fair Trade Goods Help Poor Workers?
Over the past decade, fair trade products, such as coffee, chocolate, and fruit, have e an increasingly popular option for helping the global poor. But while the intentions are noble, does buying fair trade have the intended effect? Does it actually help the poorest workers? Economist Donald Boudreaux explains why it usually doesn’t, and why there are better ways to improve living standards in developing countries. ...
The Economy of Order: Justice Requires Love
Jean Valjean in “Ep. 4: The Economy of Order” “Seeking justice isn’t a matter of designing the right programs or delivery systems… Seeking order means acting in accord with a true vision of our brothers and sisters.” –Evan Koons American society and public discourse seem to be stuck in a state of feverish discord, rightly concerned with severe acts and systems of injustice, even as we continue to dig deeper cultural divides over everything from healthcare to sexual ethics, race...
Walker: ‘Praised be technology’
In today’s Morning Sun, Bruce Edward Walker writes about the eco-encyclical’s short-sightedness when es to the merits of technological advancement. To be fair, much of Laudato Si dispenses with progressive calls for population control bat climate change, and goes to great lengths to reiterate Catholic doctrine on abortion and euthanasia and even includes a portion on human ecology wherein Francis discusses natural law regarding gender identity. Rather than wading into the muddy waters of climate-change hype, which, in any event,...
CRC Leadership on Climate Change
Would the denominational leadership of the Christian Reformed Church (CRCNA) rather talk about climate change than abortion or marriage? The CRCNA has a website for that. Based on the launch of a denominational “Climate Change Witness Project,” which I explore at Acton Commentary today, I think thisis a legitimate question. The Office of Social Justice, which is leading the project, has previously been criticized by synod for its lack of attention to life issues. A quick scan of the quarterly...
Greece, America, and the Pension Tipping Point
“Massive government and public-sector bined with runaway deficit spending on increased welfare and pension programs has, in part, led to Greece’s economic downfall,” says Zack Pruitt in this week’s Acton Commentary. Could America be heading down the same path? While America does not have the same problems collectively as Greece, similar pension debt vulnerabilities are arising across the country. Unfunded state public pension liabilities (the shortfall between promises made to retirees and workers and the funds currently available to pay...
Related Classification
Copyright 2023-2025 - www.mreligion.com All Rights Reserved