Textual

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.

Part of the series on

U.S. Discrimination Law

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