Intentionalism in Constitutional Opinions
Bibliographic Data
| ID | 6339727 |
|---|---|
| Authors | John B Gates (University of California, Davis), Glenn A Phelps (Northern Arizona University) |
| Year | 1996 |
| Volume | 49 |
| Issue | 2 |
| Pages | 245-261 |
| Publication date | 1996-06-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Political Research Quarterly (JOURNAL) |
| Journal identifiers | ISSN: 1065-9129 • E-ISSN: 1938-274X |
| Publisher | SAGE Publications Inc (PUBLISHER) |
| DOI | 10.1177/106591299604900201 |
| OpenAlex | W2051799291 |
| Language | EN |
| Citations received | 11 |
| References cited | 24 |
This study examines the extent and ways in which two ideologically dis parate justices of the U.S. Supreme Court rely upon the intent of the fram ers of the Constitution in their opinions on constitutional questions. A content analysis of the complete opinions written by Justices Brennan and Rehnquist over a ten-year period reveals that not only do they not differ in their relative use of intentionalism but they also very rarely use original intent as the controlling argument in their opinions. We examine as well the justices' historiography. Finally, a systematic examination of all opin ions shows that the two justices consistently use intentionalism in support of quite different ideological outcomes. We discuss the quantitative and interpretive findings in light of debates over constitutional interpretation and explanations of judicial decision making
Argument (complex analysis · Constitution · Constitutional Interpretation · Historiography · Ideology · Interpretation (philosophy · Linguistics · Originalism · Political science · Politics · Supreme court · American Constitutional Law and Politics · Judicial and Constitutional Studies · Law · Legal and Constitutional Studies · Philosophy
The Judicial Process and Public Policy
Federalists in the Attic
Picking principles
Federalists in the Attic
Justices and Legal Clarity
The U.S. Supreme Court's Incorporation and Interpretation of Precedent
The Constraining Capacity of Legal Doctrine on the U.S. Supreme Court
Measuring Legal Change
The Rise of the Choral Court
The Supreme Court and Opinion Content
Amicus Curiae and the Role of Information at the Supreme Court
Content analysis
Content Analysis
The Time of World-As-Picture
The Notion of a Living Constitution
Motivation and Personality
The tempting of America
The Attorney General's View of the Supreme Court
Explaining Human Action
The Supreme Court and the Uses of History
Interpreting the Constitution. The Debate over Original Intent
Ideological Values and the Votes of U.S. Supreme Court Justices
Supreme Court Justices as Human Decision Makers
Original Intent and the Framers' Constitution
| Unique citing works | 11 |
|---|---|
| Citations per year | 0,38 |
| Citation span | 1997 - 2026 (30) |
| Citation velocity | current |
| Highly cited | No |
| Citation types | Neutral: 11 |