Difference between revisions of "Textual"

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{{discrimlaw}}'''Textualism''' is the idea that the meaning of the Constitution can be inferred from the plain meaning of the words themselves.  Where the words are lacking to support a constitutional argument, the constitutional basis is thereby lacking, too. [[Antonin Scalia]] is a prominent textualist, and is known for advocating a reading of constitutional text through the lens that provided the framework for the mindset of the framers.
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{{discrimlaw}}'''Textualism''' is a legal theory that courts should rely on the plain meaning of the words in the Constitution and in other laws. Supreme Court justice [[Antonin Scalia]] is a prominent textualist. For a recent example of his view, see Zuni v Dept. of Education<ref>http://laws.findlaw.com/us/000/05-1508.html</ref>, where there appeared to be a difference between the intent of a statute and its plane meaning.

Revision as of 18:54, April 26, 2007

Part of the series on
U.S. Discrimination Law
Const.gif
Standards of Review

Rational basis review
Intermediate scrutiny
Strict scrutiny

Other Legal Theories

Substantive due process
State action doctrine

Defining Moments in Law

The 14th Amendment
Plessy v. Ferguson
Brown v. Board of Education
Loving v. Virginia
U.S. v. Virginia
Romer v. Evans
Lawrence v. Texas

Modalities of Constitutional Law

Textual
Responsive

Textualism is a legal theory that courts should rely on the plain meaning of the words in the Constitution and in other laws. Supreme Court justice Antonin Scalia is a prominent textualist. For a recent example of his view, see Zuni v Dept. of Education[1], where there appeared to be a difference between the intent of a statute and its plane meaning.