3 - Original Methods and the Limits of Interpretation

Summary

This chapter demonstrates that the search for the lawmaker’s intentions – their end–means choice – was the central element of the Framers’ “original methods” of interpretation, as discussed by John McGinnis and Michael Rappaport. It also shows that dynamic or updated interpretations have an equally long heritage, although there is a sharp distinction between updated interpretations and judicial policymaking. The history of interpretation shows how it is possible to distinguish between decisions involving interpretive adaptations to new circumstances, and results-oriented, noninterpretive decisions.