Lamport: Created page with "The '''Lamport proviso''' is a form of the original meaning theory of judicial interpretation developed by Chief Justice Lamport during his time on the Supreme Court. It h..."

2021-01-03T10:51:12Z

Created page with "The '''Lamport proviso''' is a form of the original meaning theory of judicial interpretation developed by Chief Justice Lamport during his time on the Supreme Court. It h..."

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The '''Lamport proviso''' is a form of the original meaning theory of judicial interpretation developed by Chief Justice [[Lamport]] during his time on the Supreme Court. It holds that while the ordinary and original meaning of the text should be honored, and changes to that meaning should be reserved to the political branches, when there is uncertainty, the courts should err on giving a broad reading to the rights and freedoms held by the people and a narrow reading to the powers and prerogatives held by the state. This was exemplified in ''JMP v. United States'' in which the "particular government program" exception to the origination clause was struck down, along with a conservative bill, as having no constitutional foundation beyond political expedience.

Lamport proviso - Revision history

Lamport: Created page with "The '''Lamport proviso''' is a form of the original meaning theory of judicial interpretation developed by Chief Justice Lamport during his time on the Supreme Court. It h..."