ABSTRACT

Modes of Constitutional Analysis: Textualism (Part 2) [December 29, 2021]   [open pdf - 683KB]

From the Document: "This Legal Sidebar Post is the second in a nine-part series that discusses certain 'methods' or 'modes' of analysis that the Supreme Court has employed to determine the meaning of a provision within the Constitution. [...] Textualism is a mode of legal interpretation that focuses on the plain meaning of a legal document's text. Textualism usually emphasizes [hyperlink] how the terms in the Constitution would be understood by people at the time the terms were ratified, as well as the context in which those terms appear. Textualists usually believe there is an objective meaning of the text, and they do not typically inquire into questions regarding the intent of the drafters, adopters, or ratifiers of the Constitution and its amendments when deriving meaning from the text. In other words, they are concerned primarily with the plain, or popular, meaning of the Constitution's text. Textualists are generally unconcerned with a decision's practical consequences; rather, they are wary of the Court acting to refine or revise constitutional texts."

Report Number:
CRS Legal Sidebar, LSB10676
Author:
Publisher:
Date:
2021-12-29
Series:
Copyright:
Public Domain
Retrieved From:
Congressional Research Service: https://crsreports.congress.gov/
Format:
pdf
Media Type:
application/pdf
URL:
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