Philip Bobbitt’s Modalities of Constitutional Interpretation
[1] textual (looking to the meaning of the words of the
Constitution alone, as they would be interpreted by the average
contemporary “man on the street”);
[2] the historical (relying on the intentions of the framers or
ratifiers of the Constitution) [Prof. Fox adds: or the meaning of
the words at the time of ratification];
[2.1] [Prof. Fox addition:] traditionalism (relying on history
of actions of three branches since ratification)
[3] structural (inferring rules from the relationships that the
Constitution mandates from the structure it sets up) [Prof. Fox
adds: e.g. the separations of powers, federalism)];
[4] doctrinal (applying rules generated by precedent – court
decisions);
[5] ethos (deriving rules from the moral commitments of the
American ethos that are reflected in the Constitution);
[6] prudential (seeking to balance the costs and benefits of a
particular rule)
Based on PHILIP BOBBITT,CONSTITUTIONAL INTERPRETATION 12-‐13 (1991)