Amicus Curiae e Original Public Meaning: L’uso della storia nelle argomentazioni costituzionali

Amicus Curiae and Original Public Meaning: the Use of History in Constitutional Adjudication

Abstract

Amicus Curiae and Original Public Meaning: the Use of History in Constitutional Adjudication - The institution of amicus curiae in the United States has undergone a profound transformation in recent decades.  Especially in the last fifty years the purpose of amici curiae has gone far beyond the original intervention of objective third parties in the process, and the briefs submitted rather pursue purposes and strategies designed to use the judicial system to support specific political interests. This transformation is the result of the importance that Supreme Court judgments have assumed within the system, but it also reflects the polarization of a system that tends to transfer institutional confrontation to the courtrooms, even making joint use of strategic litigation. A recent exemplification of this phenomenon concerns the increasing use of history in constitutional arguments, which has shaped the argumentative strategies of parties and amici briefs. After framing the topic of amici curiae in general terms, this paper will therefore look at the issues related to the use of the “Law office History,” focusing on the consequences and effects it can generate on constitutional interpretation.

Keywords: II Amendment; Amicus curiae; Law office history; Polarization.