What are four ways of interpreting the constitution?

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1031310

2026-04-13 21:25

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The first is Literalism, which insists upon a strict interpretation of the actual Words used in the Constitution.

The second is the Intent of the Framers, another technique that seeks to explain what the Framers at the time were trying to achieve in writing the constitution.

The third is the Balancing of Interests, which is a technique that helps balance the Individualism and the Communitarian specter of the Constitution.

The fourth and last one is the Stare Decesis, Latin for previous decision stands, is another technique of interpretation that remains useful in that the judge looks for precedents which resemble current controversy, finds the rule of law that was used in those cases, and applies it to the present case. In short, it is referring to the previous cases that were solved, this helps insure an incremental change in law rather than radical.

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