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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.
Originalism consists of a family of different theories of constitutional interpretation and can refer to original intent or original meaning. [2] Critics of originalism often turn to the competing concept of the Living Constitution , which asserts that a constitution should evolve and be interpreted based on the context of current times.
By looking at the statutory structure and hearing the words as they would sound in the mind of a skilled, objectively reasonable user of words, [78] textualists believe that they would respect the constitutional separation of power and best respect legislative supremacy. [74] Critiques of modern textualism on the United States Supreme Court abound.
In 1874, the U.S. government created the United States Reports, and retroactively numbered older privately-published case reports as part of the new series. As a result, cases appearing in volumes 1–90 of U.S. Reports have dual citation forms; one for the volume number of U.S. Reports, and one for the volume number of the reports named for the relevant reporter of decisions (these are called ...
Scalia, considered the Supreme Court's most provocative member, advocated Constitutional originalism, interpreting the Constitution through the perceived original intent of its creators.
The Supreme Court is established by Article III, Section 1 of the Constitution of the United States, which says: "The judicial Power of the United States, shall be vested in one supreme Court . . .". The size of the Court is not specified; the Constitution leaves it to Congress to set the number of justices.
Progressives must embrace the Constitution's limits on governmental power, including federalism and separation of powers, in order to defend the nation's foundational charter and prevent the ...
Virginia v. Tennessee, 148 U.S. 503 (1893), is a case under the Supreme Court's original jurisdiction. The Court decided that if an agreement between two states sets the boundary between them, both states ratify that agreement, and one state later discovers that the boundary was wrong (such as the other state received a larger share of ...