ABSTRACT

Many provisions of the Constitution are not self-defining and so have been the objects of judicial interpretation and construction. By passing the War Powers Resolution of 1973, for example, the United States Congress undertook to define the constitutional limits of the president's powers to initiate and conduct undeclared war, an issue the Supreme Court has refused to consider. One approach to constitutional interpretation involves explicating the constitutional text simply on the basis of the words found there. Although many provisions of the Constitution are perfectly clear, others require extensive construction. When textual analysis alone is inadequate, many students of the Constitution turn to previously decided cases, searching for answers on the basis of precedent, or stare decisis. Another approach to constitutional interpretation emphasizes the use of logical reasoning as exemplified in the syllogism, a formal argument consisting of a major premise, a minor premise, and a conclusion.