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- Textualism abstract "Textualism is a formalist theory of statutory interpretation, holding that a statute's ordinary meaning should govern its interpretation, as opposed to inquiries into non-textual sources such as the intention of the legislature in passing the law, the problem it was intended to remedy, or substantive questions of the justice and rectitude of the law. The textualist will "look at the statutory structure and hear the words as they would sound in the mind of a skilled, objectively reasonable user of words." The textualist thus does not give weight to legislative history materials when attempting to ascertain the meaning of a text. Textualism is often erroneously conflated with originalism, and is advocated by Supreme Court Justices such as Hugo Black and Antonin Scalia, who staked out his claim in his 1997 Tanner Lecture: "[it] is the law that governs, not the intent of the lawgiver." Oliver Wendell Holmes, Jr., although not a textualist himself, well-captured the philosophy, and its rejection of intentionalism: "We ask, not what this man meant, but what those words would mean in the mouth of a normal speaker of English, using them in the circumstances in which they were used ... We do not inquire what the legislature meant; we ask only what the statutes mean."Strict constructionism is often misused by laypersons and critics as a synonym for textualism. Nevertheless, although a textualist can be a strict constructionist, they are separate views: Justice Scalia, for example, warns that "[t]extualism should not be confused with so-called strict constructionism, a degraded form of textualism that brings the whole philosophy into disrepute. I am not a strict constructionist, and no one ought to be.... A text should not be construed strictly, and it should not be construed leniently; it should be construed reasonably, to contain all that it fairly means." Similarly, textualism should not be confused with the "plain meaning" approach, a simpler theory used prominently by the Burger Court in cases such as Tennessee Valley Authority v. Hill, which looked to the dictionary definitions of words, without reference to common public understanding or context.".
- Textualism wikiPageExternalLink 318.
- Textualism wikiPageExternalLink 619.
- Textualism wikiPageExternalLink f35.
- Textualism wikiPageExternalLink legal-theory-lexicon-textualism.html.
- Textualism wikiPageExternalLink 93-723.ZD.html.
- Textualism wikiPageID "3127965".
- Textualism wikiPageRevisionID "565337568".
- Textualism hasPhotoCollection Textualism.
- Textualism personquoted John_F._Manning.
- Textualism quotesource ""Textualism as a Nondelegation Doctrine", 97 Colum. L. Rev. 673, 1997,".
- Textualism quotetext "Textualist judges have contended, with much practical impact, that courts should not treat committee reports or sponsors' statements as authoritative evidence of legislative intent. These judges base their resistance to that interpretive practice on two major premises: first, that a 535-member legislature has no "genuine" collective intent concerning the proper resolution of statutory ambiguity ; second, that giving weight to legislative history offends the constitutionally mandated process of bicameralism and presentment.".
- Textualism subject Category:Supreme_Court_of_the_United_States.
- Textualism subject Category:Theories_of_law.
- Textualism type Abstraction100002137.
- Textualism type Cognition100023271.
- Textualism type Explanation105793000.
- Textualism type HigherCognitiveProcess105770664.
- Textualism type Process105701363.
- Textualism type PsychologicalFeature100023100.
- Textualism type TheoriesOfLaw.
- Textualism type Theory105989479.
- Textualism type Thinking105770926.
- Textualism comment "Textualism is a formalist theory of statutory interpretation, holding that a statute's ordinary meaning should govern its interpretation, as opposed to inquiries into non-textual sources such as the intention of the legislature in passing the law, the problem it was intended to remedy, or substantive questions of the justice and rectitude of the law.".
- Textualism label "Textualism".
- Textualism sameAs m.08t7tj.
- Textualism sameAs Q7708515.
- Textualism sameAs Q7708515.
- Textualism sameAs Textualism.
- Textualism wasDerivedFrom Textualism?oldid=565337568.
- Textualism isPrimaryTopicOf Textualism.