How Supreme Court Justices Make Decisions | The Odyssey Online
Start writing a post
Politics

How Judicial Interpretation Has Changed The Supreme Court

What is judicial interpretation, and how has it impacted the Supreme Court?

143
How Judicial Interpretation Has Changed The Supreme Court

Judicial interpretation is a term that refers to the various ways in which a country's judiciary might interpret the law. It's no secret that law is complicated. At times, it may be confusing. But the most consistent fact regarding law is that since the formation of the United States, people have had different opinions. In fact, one needs to look no further than the inception of the Constitution itself to find disagreements.

The differences between disagreements at the Constitutional Convention over 200 years ago, or in Congress today, and the difference of opinion that influences the judicial system is established law. In the late 18th century, people were arguing over proposals for the Constitution. Even today, congressmen typically debate policy to be passed. But differences between Supreme Court opinions are a result of interpreting established law differently.

Rather than making proposals, each Supreme Court justice reads the established law. They then take those laws or statutes, interpret them, and apply them to a case. But how can people disagree on established law?

It all originates in legal philosophy and how one reads the law. The Supreme Court is most widely known for its interpretation of Constitutional law. That being said, how can two people read the same document and come to different legal conclusions?

Textualism: Reading the constitution as a textualist goes no further than the meaning of the text. Textualists read and interpret the Constitution for the original meaning of the text. Today, this is the "conservative" approach to assessing the Constitution.

Structuralism: This form of interpretation allows for the structural implementation of the Constitution. It is a contextual approach to interpreting the Constitution. A structuralist would evaluate the Constitution holistically rather than limiting themselves to specific provisions. They then make inferences based on the relationships established within the Constitution.

Doctrinal Approach: The doctrinal approach argues for consistency — that if the Court had previously interpreted a law one way, they should consistently rule in the same vein. If cases are highly similar, rulings should be too.

These different ways of interpreting the United States Constitution have shaped the Supreme Court for years and consistently informs their decisions. Each justice may interpret things in their own way: whether it be through one of these methods, their own personal valuation methods, or a completely different system. The way the justices read and analyze the law is ultimately what defines Supreme Court rulings for decades.

From Your Site Articles
Report this Content
This article has not been reviewed by Odyssey HQ and solely reflects the ideas and opinions of the creator.
students
Sophia Palmerine

Dear High School Friend Group,

My sweet angels, where would I be without you guys. We all grew up together because we either met in middle school or high school and watched each other grow up and get "old." We got to go to prom together and then graduate together. Then watched each other as we continued our lives in college, joining sororities and meeting people who will impact our lives forever. It all has happened so fast.

Keep Reading...Show less
Student Life

College In Gifs

Because we are all sad Jim Halpert

530
head on desk
Wise GEEK

Oh college, we can’t live with you, but we can’t live without you. It’s a love/hate relationship, really. College is an experience that no one can ever prepare you for, and maybe that’s a good thing. You never really expect any of the things that college encompasses until you are there. College is fun, but don’t have too much fun. C’s get degrees, but they don’t get you into graduate school.

Keep Reading...Show less
Blair Waldorf

The "Gossip Girl" series may be over, but Blair Waldorf's iconic character lives in our hearts forever. Blair was the queen of the Upper East Side, and a character you either loved or hated. She taught us everything we needed to know about life, love and of course, how to score a Chuck Bass. So the next time you feel a bit lost and are in need of guidance, look no further than to the Queen B herself.

As I spend my Sunday avoiding my homework and other adult responsibilities, I realized that I've watched this series over and over about a million times. Sadly, there isn't a Blair quote I don't know, so I came up with a list of a few favorites. You know you love her...xoxo

Keep Reading...Show less
class
Odyssey

College is an endless cycle of crappy, sleepless nights, tedious, boring lectures, and hours of never-ending piles of homework.

Keep Reading...Show less
two women enjoying confetti

Summer: a time (usually) free from school work and a time to relax with your friends and family. Maybe you go on a vacation or maybe you work all summer, but the time off really does help. When you're in college you become super close with so many people it's hard to think that you won't see many of them for three months. But, then you get that text saying, "Hey, clear your schedule next weekend, I'm coming up" and you begin to flip out. Here are the emotions you go through as your best friend makes her trip to your house.

Keep Reading...Show less

Subscribe to Our Newsletter

Facebook Comments