How to Read the Constitution

Let me put it this way; there are really only two ways to interpret the Constitution — try to discern as best we can what the framers intended or make it up. No matter how ingenious, imaginative or artfully put, unless interpretive methodologies are tied to the original intent of the framers, they have no more basis in the Constitution than the latest football scores. To be sure, even the most conscientious effort to adhere to the original intent of the framers of our Constitution is flawed, as all methodologies and human institutions are; but at least originalism has the advantage of being legitimate and, I might add, impartial.

Hat Tip to Matthew J. Franck

In mediation, I consider carefully the words of your mediation brief and the meaning you wish to convey by the words you choose. Similar attention is paid to the words of any agreement or applicable statute you are construing. Our Constitution deserves no less attention than that from our courts and elected representatives.