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Originalism is a legal theory that bases constitutional, judicial, and statutory interpretation of text on the original understanding at the time of its adoption. Proponents of the theory object to judicial activism and other interpretations related to a living constitution framework.
Textualism is a formalist theory in which the interpretation of the law is based exclusively on the ordinary meaning of the legal text, where no consideration is given to non-textual sources, such as intention of the law when passed, the problem it was intended to remedy, or significant questions regarding the justice or rectitude of the law.
Original intent is a theory in law concerning constitutional and statutory interpretation. It is frequently used as a synonym for originalism; while original intent is one theory in the originalist family, it has some salient differences which has led originalists from more predominant schools of thought such as original meaning to distinguish original intent as much as legal realists do.
Reading Law: The Interpretation of Legal Texts is a 2012 book by United States Supreme Court Justice Antonin Scalia and lexicographer Bryan A. Garner.Following a foreword written by Frank Easterbrook, then Chief Judge of the US Court of Appeals for the Seventh Circuit, Scalia and Garner present textualist principles and canons applicable to the analysis of all legal texts, following by ...
Even the most vocal supporters of textualism and the plain meaning rule have been willing to commute "strict" plain meaning to "soft" plain meaning to a certain extent, in some circumstances; see, e.g. United States v. X-Citement Video, 513 U.S. 64 (1994) (Scalia, J., dissenting):
Scalia, considered the Supreme Court's most provocative member, advocated Constitutional originalism, interpreting the Constitution through the perceived original intent of its creators.
These include arguments that the major questions doctrine is a symptom of "judicial self-aggrandizement," [4] that it is inconsistent with both textualism and originalism, [5] and that it is at odds with normal tools of statutory interpretation. [6]
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