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Vanderbilt University Law School

Statutory interpretation

2017

Constitutional Law

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The Inference From Authority To Interpretive Method In Constitutional And Statutory Domains, Kevin M. Stack Jan 2017

The Inference From Authority To Interpretive Method In Constitutional And Statutory Domains, Kevin M. Stack

Vanderbilt Law School Faculty Publications

Should courts interpret the Constitution as they interpret statutes? This question has been answered in a wide variety of ways. On the one hand, many scholars and jurists understand constitutional and statutory interpretation as largely overlapping, continuous, or converging. For some, this overlap follows directly from the Constitution's status as a form of legislated law. In this way of thinking, because the Constitution, like a statute, was bargained over and formally adopted, it should be interpreted in accordance with general principles applicable to legislated law. Proponents of this view argue that if constitutional interpretation appears distinctive in practice, that is …