Jump to ContentJump to Main Navigation
Methods of InterpretationHow the Supreme Court Reads the Constitution$
Users without a subscription are not able to see the full content.

Lackland H. Bloom Jr

Print publication date: 2009

Print ISBN-13: 9780195377118

Published to Oxford Scholarship Online: September 2009

DOI: 10.1093/acprof:oso/9780195377118.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2017. All Rights Reserved. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a monograph in OSO for personal use (for details see http://www.oxfordscholarship.com/page/privacy-policy).date: 19 November 2017

Tradition and Practice

Tradition and Practice

Chapter:
(p.133) five Tradition and Practice
Source:
Methods of Interpretation
Author(s):

Lackland H. Bloom

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780195377118.003.0005

This chapter examines the Court's use of tradition and practice in constitutional interpretation. First, it looks at how the Court has relied on longstanding congressional or executive practice especially in the area of separation of powers. Next it considers three specific areas of law in which tradition and practice has played a significant role—the First Amendment public forum doctrine, the Establishment Clause, and due process of law. Then, it discusses several issues that arise with respect to tradition and practice including reliance on international practice, the appropriate level of generality to describe a practice, evolving standards, and a living constitution. Finally, it explores the Court's treatment of changing, declining or the absence of traditions and practices as well as the evaluation of them.

Keywords:   longstanding practice, Separation of Powers, Establishment Clause, public forum, due process, international practice, level of generality, evolving standards, living constitution, changing practice

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .