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Constitutional Interpretation
The Basic Questions
Barber, Sotirios A. Professor of Political Science, University of Notre Dame
Fleming, James E. The Honorable Frank R. Kenison Distinguished Scholar in Law, Boston University School of Law
Print publication date: 2007 (this edition)
Published to Oxford Scholarship Online: January 2009
Print ISBN-13: 978-0-19-532857-8
doi:10.1093/acprof:oso/9780195328578.003.0001
Sotirios A. Barber
James E. Fleming
Many books on and courses in constitutional law are about what the United States Supreme Court has said about the Constitution, not about what the Constitution itself means. But the enterprise of constitutional interpretation presupposes that the Constitution in and of itself can mean something, and that conscientious, responsible interpreters are seeking the true meaning or best interpretation of the Constitution. This chapter explores the questions raised by these presuppositions. It also raises the basic questions of constitutional interpretation: What is the Constitution?, Who may authoritatively interpret it?, and How should it be interpreted?
Keywords: basic questions of constitutional interpretation, interpretive questions, substantive questions, moral objectivity, presuppositions of constitutional interpretation,
doi:10.1093/acprof:oso/9780195328578.003.0001
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PART I
PART II