Changes

Jump to navigation Jump to search
6 bytes added ,  19:18, April 23, 2008
no edit summary
Line 1: Line 1: −
Textualism is an approach to the interpretation of statutes and the [[U.S. Constitution]] that focuses on the text itself and its plain meaning rather than inquiring into the purpose of those who wrote the text.  Under this view the legislative history of a statute is insignificant and should not be allowed to trump the text itself.
+
'''Textualism''' is an approach to the interpretation of statutes and the [[U.S. Constitution]] that focuses on the text itself and its plain meaning rather than inquiring into the purpose of those who wrote the text.  Under this view the legislative history of a statute is insignificant and should not be allowed to trump the text itself.
    
In the words of the leading proponent of textualism, Justice [[Antonin Scalia]], statutory text always trumps "unenacted legislative intent."<ref>''INS v. Cardoza-Fonseca'', 480 U.S. 421, 453 (1987) (Scalia, J., concurring)</ref>
 
In the words of the leading proponent of textualism, Justice [[Antonin Scalia]], statutory text always trumps "unenacted legislative intent."<ref>''INS v. Cardoza-Fonseca'', 480 U.S. 421, 453 (1987) (Scalia, J., concurring)</ref>
2,851

edits

Navigation menu