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Journal

Constitutional Interpretation

2015

Articles 1 - 2 of 2

Full-Text Articles in Law

What Did They Mean?: How Principles Of Group Communication Can Inform Original Meaning Jurisprudence And Address The Problem Of Collective Intent, W. Matt Morgan May 2015

What Did They Mean?: How Principles Of Group Communication Can Inform Original Meaning Jurisprudence And Address The Problem Of Collective Intent, W. Matt Morgan

William & Mary Bill of Rights Journal

No abstract provided.


Magic Words, Kiel Brennan-Marquez Apr 2015

Magic Words, Kiel Brennan-Marquez

William & Mary Bill of Rights Journal

Broadly speaking, this Article has two goals. The first is to demonstrate the prominence of functionalism in the interpretive practices of the Supreme Court. Reading a case like NFIB, it would be easy to conclude that the tension between labels and function reflects a deep rift in our legal order. On reflection, though, the rift turns out to be something of a mirage. While judicial opinions do occasionally employ the rhetoric of label-formalism, we are all functionalists at heart.

The Article’s second goal is to explore two exceptions to this norm. One is a faux exception—an exception to functionalism that …