Historical Analysis of the U.S. Constitution
Understanding The Bobbitt Modalities
Prof. Philip Bobbitt taught different approaches for interpreting Constitutional Law. These modalities include Textualism, Originalism, Judicial Precedent, and Historical Analysis of the U.S. Constitution.
- Textualism – This modality determines word meaning in their immediate context. It is persuasive because the meaning of these words and their meaning are directly and immediately relevant to the court. But one weakness is this ignores other contextual clues.
- Originalism – This modality involves the meaning of words to the people who wrote them. Indeed, Justice Antonin Scalia championed this modality in his jurisprudence. Read more