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Methods of InterpretationHow the Supreme Court Reads the Constitution$
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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

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Shaping, Clarifying, and Changing Doctrine

Shaping, Clarifying, and Changing Doctrine

Chapter:
(p.307) nine Shaping, Clarifying, and Changing Doctrine
Source:
Methods of Interpretation
Author(s):

Lackland H. Bloom

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780195377118.003.0009

This chapter explores how the Court shapes, clarifies, and changes constitutional doctrine. First, it discusses several issues involved in the shaping of doctrine including defining the issue, providing empirical support, considering the impact, drawing lines, balancing interests, engaging in ad hoc judgments, employing multifactor tests, avoiding evasion, and implementing doctrine procedurally. Then, it explores how the Court clarifies and changes constitutional doctrine including how it deals with fluctuating, conflicting, and chaotic doctrine.

Keywords:   shapes, defining the issue, constitutional doctrine, conflict, clarify, multifactor tests, ad hoc judgments

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