ConLaw 1/15/13 6:23 PM
6 Types of constitutional arguments
• Textual arguments
o Looking at text and interpreting it.
• Historical arguments
§ Based on the history of_________
• What history tells us about how to think about things
• Structural argument
o Have to be workable interpretation
• Example: vice president could not reside over his own
trial even though the constitution doesn’t say so. It
would be unfair.
• Doctrinal
o Cases (What the cases say and where they will take us)
• Prudential
o Wise or politically possible
• Ethical
o Moral
Declaration of Independence
• “first constitution”
• Worked very poorly
Articles of Confederation
• Just lists the states not the people.
• No president just someone who resides over congress
• No courts
• States decide who the members of Congress are.
• Money for the National Government was supplied by the States
• Article 13 says that all states must agree before a change is made
U.S. Constitution
• Article 7
o Only ratification of 9 states
• Decided that Congress needed to spell out exactly what they can
and cannot do.
