Translation Approaches in Constitutional Hermeneutics

Abstract

In this article, we suggest an alternate approach to interpreting the US Constitution, using founding-era translations. We demonstrate how both symmetries and asymmetries in structure and vocabulary of the languages involved can help in deciding nowadays' problems of constitutional interpretation. We select seven controversial passages of the US constitution to illustrate our approach: Art. I, § 8, cl. 3 ("to regulate commerce"); Art. II, § 1, cl. 5 ("natural born citizen"); Art. II, § 2, cl. 3 ("recess"); Art. I, § 6, cl. 1/Art. I, § 8, cl. 10/Art. IV, § 2 ("felony"); and Art. IV, § 2, cl. 1 ("privileges and immunities"). Since these passages have recently been debated by constitutional scholars, reassessing them using our method can establish the additional value of our approach to constitutional practice. We presume that our approach is not limited to interpreting the US constitution, but suggest that constitutional hermeneutics in general could profit from adding a translation approach to the toolkit.

The Hidden Indonesian Language Literacy Curriculum In Arabic Language Textbooks For Islamic Junior High School

“…One potential method is utilizing cognates, leveraging Indonesian vocabulary similar to Arabic. Additionally, Pribadi (2014) (Lind et al, 2020) (Zurqoni et al, 2020) applies a hermeneutic approach as the foundation for translating from Arabic to Indonesian. Nevertheless, there remains a knowledge gap in previous research, as many studies have primarily focused on the comparisons and differences between the Arabic and Indonesian languages, as well as the best methods for teaching Arabic.…”