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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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Structural Reasoning

Structural Reasoning

Chapter:
(p.169) six Structural Reasoning
Source:
Methods of Interpretation
Author(s):

Lackland H. Bloom

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780195377118.003.0006

This chapter deals with the Court's use of structural reasoning. It begins with a discussion of three early cases in which the Court relied heavily on structural reasoning—Marbury v Madison, Martin v Hunter's Lessee, and McCulloch v Maryland. It then addresses big picture structural argument as well as the derivation of structural argument using Eleventh Amendment cases as an example. It discusses the relationship of structure to original understanding as well as to textual purpose. Next, it considers the Court's use of structural reasoning in several specific areas including judicial review, rights, and separation of powers. Finally, it discusses cases in which structural arguments come into conflict with each other.

Keywords:   Marbury v Madison, McCulloch v Maryland, Martin v Hunter, Eleventh Amendment, original understanding, purpose, judicial review, rights, Separation of Powers, structure v structure

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