Translation

Fidelity to meaning includes the full set of interpretive techniques used by courts to understand the meaning of a text. In the simplest case, the text seems to speak for itself. Whatever a witness is, that the Constitution requires two for a conviction for treason is clear. But the most important cases are not simple, and most difficult of these non-simple cases involve interpretation across time. How does a court preserve the meaning of an old text within a current context. 

The metaphor of translation suggests a common dynamic for dealing with interpretation across contexts. In the two cases within this section, the courts must decide whether to "translate" a value into a new or different context. In Olmstead, the Court declines the invitation; in the dissent, Justice Brandeis makes a compelling argument for why it should have accepted. Classic frames the same question in a different context: But here, the Court is quite eager to update the application of an original text, so as to preserve its original meaning. -LL