Constitutional Interpretation and Technological Change
49 New England L. Rev. 201 (2015)
Posted: 15 Jul 2016
Date Written: July 13, 2015
Justice Scalia, in District of Columbia v. Heller that judges should follow the objective meaning of the text, but the interpretation should follow the technological change. My Article examines the rules that guide the Supreme Court in interpreting the Constitution in light of technological change. I will primarily examine the First and Second Amendments and the Commerce Clause. I conclude that The Court has taken no uniform approach reading the Constitution in light of technological change.
Keywords: Constitutional Law, First Amendment, Second Amendment, Commerce Clause, technological change, social change Constitutional interpretation, originalism
JEL Classification: K20, K36, N100, O14, O33, Z10
Suggested Citation: Suggested Citation