Home
/
RELIGION & LIBERTY ONLINE
/
Why It’s Every Citizen’s Job to Interpret the Constitution
Why It’s Every Citizen’s Job to Interpret the Constitution
Oct 21, 2026 7:37 PM

A few days ago I mentioned Michael Stokes Paulsen’s crash course on how to interpret the Constitution. Paulsen outlined five techniques of constitutional interpretation that courts mentators employ: (1) arguments from the straightforward, natural, original linguistic meaning of the text; (2) arguments from the structure, logic, and relationships created by the document as a whole; (3) arguments from history, original intention, or purposes behind an enacted text; (4) arguments from precedent; and (5) arguments from policy.

Today, Paulsen has another article that addresses whose job it is to interpret “Constitutional law.” As he says, the role is not the exclusive domain of the courts, or even of government officials. Faithful interpretation is the duty and responsibility of faithful citizens.

The correct answer to the question of who gets to interpret the Constitution is “everyone.” The framers of the Constitution quite sensibly considered the power of constitutional interpretation—the power to interpret all the other powers, and all the rights of the people—to be far too important a matter to vest in a single set of hands.

The framers instead left constitutional interpretation to the pull and tug peting interpreters peting branches of government. The president (and the executive branch) interprets and applies the Constitution within the scope of the president’s constitutional powers. Presidents swear a unique, constitutionally prescribed oath to “preserve, protect, and defend” the Constitution. They also promise they will faithfully execute the laws, including the Constitution. How could they do that without interpreting the Constitution independently? Congress also interprets the Constitution in the course of exercising all of its powers: legislation, impeachment, proposing constitutional amendments, checking presidential appointments, treaty ratification, and more. Even officers of state governments have the sworn duty and responsibility faithfully to interpret the Constitution.

Finally, juries,voters,and citizens have the authority to interpret the Constitution. We the People retain the right to interpret, faithfully, what is after allourConstitution, and may press our views of the proper understanding of the document with the limited powers available to us: jury service, voting, and political advocacy. And we may do so—indeed, of course,mustdo so—independently of the views of courts and other institutions of government if we are to keep their misinterpretations in check. In so doing, we should draw on the above lessons concerning the proper method for interpreting the Constitution, emphasizing the document’s text and original meaning, structure, and history. “Constitutional law” is not the exclusive domain of the courts, or even of government officials more generally. Faithful interpretation is the duty and responsibility of faithful citizens.

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
Something Vastly More Powerful Than Evil
In his latest Forbes column, Rev. Robert A. Sirico explains why despite the tragedy in Newton we can speak of joy during this Christmas season: When we ask our bewilderedwhy? –we are not looking for data points.Even less should we offer glib responses in the face of this shattering loss – this modern-day slaughter of the innocents. We are, instead, seeking themeaningin the face of thismysterium iniquitatis.The meaning we seek is not so much the significance of evil as the...
Social Engineering Makes For Poor Economic Policy
Writing over at The Atlantic, American Enterprise Institute scholar Christina Hoff Sommers shares the unsettling story of what a growing number of Swedish activist groups and political factions are attempting to do to “traditional” gender roles. Is it discriminatory and degrading for toy catalogs to show girls playing with tea sets and boys with Nerf guns? A Swedish regulatory group says yes. The Reklamombudsmannen (RO) has reprimanded Top-Toy, a licensee of Toys”R”Us and one of the largest panies in Northern...
Why Christians in Business Should Read Poetry
Writing for the Harvard Business Review, my friend (and coauthor) John Coleman argues that business professionals can benefit from reading poetry. While his article is not directed at people of faith, I think his claims are particularly relevant to Christians in the business world: Poetry can also help users develop a more acute sense of empathy. In the poem “Celestial Music,” for example, Louise Glück explores her feelings on heaven and mortality by seeing the issue through the eyes of...
Free Kindle Ebook: ‘A Field Guide to the Hero’s Journey’
Acton is offering a free Christmas gift: a free Kindle download of the new book, A Field Guide to the Hero’s Journey. The book, co-authored by Jeff Sandefer and Rev. Robert Sirico, has been called a “the modern ‘how-to’ for entrepreneurs working on plishing big things” by Andreas Widmer, and is a terrific book not only for adults but for young people. You can also listen to the authors discussing their collaboration on this book on this Radio Free Acton...
When I Grow Up
“What do you want to be when you grow up?” That’s mon question asked of children the world over. ChildFund International has put out their global survey of children for 2012, and that’s one of the questions they asked, with some intriguing results. When asked, “If you could grow up to be anything you wanted, what would you be?” there were some rather remarkable disparities between the answers of children in the developed and the developing world. Kids in the...
Economics is Too Important to be Left to Economists
I rather like Serene Jones’ piece in Huffington Post, “Economists and Innkeepers.” Jones got some things right. She knows that Christian Scripture teaches many economic lessons, like subsidiarity and stewardship (although she doesn’t use those terms.) She says, “Economic theory is replete with theological and moral assumptions about human nature and society” and that is correct. As Istituto Acton’s Kishore Jayabalan reminds us, Things like the rule of law, a tradition of equality for the law, which should cut down...
Audio: Rev. Sirico on the Hugh Hewitt Show
Rev. Sirico recently appeared on the Hugh Hewitt Show to discuss Michigan’s Right to Work law,his books,The Field Guide to the Hero’s Journeyand Defending the Free Market,the fiscal cliff, and more. [audio: ...
Media Alert: Rev. Sirico on Your World with Neil Cavuto
Rev. Sirico will be on Fox News’ “Your World with Neil Cavuto” at 4:20 EST to discuss the school shooting in Newport, Connecticut. ...
Work as Service and Servant
I recently pondered what e of the global economy if we were to to put God at the forefront of our motives and decision-making. The question came as a reaction to Tim Keller, whose recent book calls on Christians to challenge their views about work. By re-orienting our work to be a “servant” instead of a “lord,” Keller argues, we will actually find more fulfillment in the work that we do. Keller’s main point in the video I discussed was...
On the Importance of Definitions
I recently asked the question at Ethika Politika, “Which Capitalism?” (also the title of my article), and I followed it up with a related question here regarding the relationship between distributism and capitalism (is the former a form of the latter?). In addition, Jordan Ballor reflected last week on the different orientation of definitions of capitalism and socialism, observing, “One definition [i.e. capitalism] is focused on structure, the other [i.e. socialism] is connected with moral ideals.” On a related note,...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved