The US Constitution leaves many basic questions of constitutional law unanswered, whether because they could not be anticipated or because the text is broadly worded or ambiguous.
Consequently, “Interpretation is necessary to determine the meaning of ambiguous provisions of the Constitution or to answer fundamental questions left unaddressed by the drafters,” a new report from the Congressional Research Service explains.
But there are different ways to perform such interpretation that may yield different results.
The new CRS report provides a helpful introduction to the most common “modes” of interpretation, including textualism, original meaning, judicial precedent, pragmatism, moral reasoning, national identity, structuralism, and historical practices.
Interpreting the Constitution is not a task left solely to the Supreme Court; it is also a responsibility of Members of Congress. “Members should vote upon legislation based on their own constitutional interpretations, which may be at odds with the Court’s,” wrote former Sen. Russ Feingold, but “they should not vote for legislation without any thought whatsoever regarding its constitutionality.”
See Modes of Constitutional Interpretation, March 15, 2018.
Other new and updated reports from the Congressional Research Service include the following.
The U.S. Export Control System and the Export Control Reform Initiative, updated March 15, 2018
The Committee on Foreign Investment in the United States (CFIUS), updated March 13, 2018
China-U.S. Trade Issues, updated March 14, 2018
Pass-Throughs, Corporations, and Small Businesses: A Look at Firm Size, updated March 15, 2018
Jurisdiction Stripping: When May Congress Prohibit the Courts from Hearing a Case?, CRS Legal Sidebar, March 15, 2018
Membership of the 115th Congress: A Profile, updated March 19, 2018
Women in Congress, 1917-2018: Service Dates and Committee Assignments by Member, and Lists by State and Congress, updated March 19, 2018
As humans expand our geographic reach, encroach on untouched natural territories, and interact more with animal populations, we will encounter novel zoonotic diseases that threaten the human body. The sooner we act to address these risks, the better.
This report serves as a landscape assessment and toolbox from which local governments can negotiate an informed position when it comes to the levers available to them and includes a first-of-its kind analysis of eight executed community benefits agreements.
When a hurricane hits, it’s all hands on deck – that goes for federal data, too. Pulling back from our investments in timely, accurate, and accessible public data will only make us less prepared and put us all at greater risk.
This is bigger than a singular elimination of race and ethnicity questions. It could accelerate the second wave of widespread reductions to demographic data, leaving public health officials with even less information to deliver better health outcomes for all Americans.