The Confluence of Law and Literature

Abstract

There is an enduring scholarly discourse surrounding the linguistic nature of the Constitution, specifically as to whether it is predominantly composed in vernacular or legalistic terms. The article elucidates the methodology for ascertaining the linguistic characteristics of legal documents. The article presents compelling evidence to support the assertion that the Constitution is drafted using legal terminology and conventions. Furthermore, the wording of the Constitution presupposes the use of legal interpretative principles, both in negating the effect of specific legal interpretive norms and in mandating the implementation of others. Consequently, a significant portion of contemporary originalist academic discourse pertaining to particular constitutional clauses relies on interpreting the Constitution through a legal lens.