a. contemporaneous sources of meaning- contemporary sources existed during the time a constitutional provision or amendment was ratified. “The sources included the provision in question, arguments of constitutional structure, and arguments of history” (Kelso, R 1994).
b. subsequent juridical events take place after the ratification of a provision, which affects the meaning of a provision. The meaning of a provision can be affecting in a number of ways. “Subsequent non-juridical events, that is, nonofficial acts such as an evolving community consensus or societal tradition, have a much more limited interpretive impact, and typically affect only how some judges view general concepts embedded in the Constitution' or view non-interpretive considerations” (Kelso, R 1994).
c. non-interpretive considerations- is when the court makes a determination of constitutionality by reference, or judgment other than the one made by the Framers of the Constitution. The courts reach a decision without interpreting what is in the text of the constitution.
d. …show more content…
individual bias- include two types of bias. General interpretive and specific case bias. There are four judicial decision making styles in American history: natural law, formalism, Holmesian, and instrumentalism”, however judges do not self-consciously adopt either style (R. Kelso, 1994). Specific case bias implies to bias which is initiated by a certain case before the court. There are two kinds of specific bias, which is doctrinal bias and party bias. Doctrinal bias refers to past experiences about a particular doctrine which is inconsistent with the judge’s views. Although “such personal bias is inappropriate for the judge to consider, and rules regarding judicial recusal are meant to prevent such bias from affecting case resolution,"° nonetheless such party bias may occasionally affect the result in a particular case” (R. Kelso,
b. subsequent juridical events take place after the ratification of a provision, which affects the meaning of a provision. The meaning of a provision can be affecting in a number of ways. “Subsequent non-juridical events, that is, nonofficial acts such as an evolving community consensus or societal tradition, have a much more limited interpretive impact, and typically affect only how some judges view general concepts embedded in the Constitution' or view non-interpretive considerations” (Kelso, R 1994).
c. non-interpretive considerations- is when the court makes a determination of constitutionality by reference, or judgment other than the one made by the Framers of the Constitution. The courts reach a decision without interpreting what is in the text of the constitution.
d. …show more content…
individual bias- include two types of bias. General interpretive and specific case bias. There are four judicial decision making styles in American history: natural law, formalism, Holmesian, and instrumentalism”, however judges do not self-consciously adopt either style (R. Kelso, 1994). Specific case bias implies to bias which is initiated by a certain case before the court. There are two kinds of specific bias, which is doctrinal bias and party bias. Doctrinal bias refers to past experiences about a particular doctrine which is inconsistent with the judge’s views. Although “such personal bias is inappropriate for the judge to consider, and rules regarding judicial recusal are meant to prevent such bias from affecting case resolution,"° nonetheless such party bias may occasionally affect the result in a particular case” (R. Kelso,