Historical Methods of Constitutional Interpretation and Political Gradations
Abstract
In this symposium Essay, I explore the hypothesis that as constitutional politics have become more assertive, historical methods of interpretation have become more prominent. In other words, the claim I would like to test is that the intensification of constitutional politics and the prominence of historical argument are correlated. Moreover, the relationship between the two appears to be linear. As arguments become bolder, they are more likely to deploy history as a method of interpretation. That proposition may seem counterintuitive, and it is intriguing.
Fields of Study & Subjects
American Constitutional Law and Politics
Comparative constitutional jurisprudence studies
Judicial and Constitutional Studies
Publication details
- Journal / source
- Texas A&M Law Review
- Volume
- 13
- Issue
- 2
- Pages
- 667–683
- Publication date
- 1 January 2026
- Language
- EN