Textualism is an approach to interpreting statutes that gives primary importance to the enacted words and their ordinary meaning in context. This lesson introduces its central commitments and distinguishes it from related approaches that are often confused with it.
A textualist asks what the words of a statute would mean to a skilled, objectively reasonable reader in the circumstances in which the law was enacted. The focus is not simply on isolated dictionary definitions: the words are read as part of the statute’s structure and in the context of the wider body of law.
All flashcards
What is textualism in statutory interpretation?
An approach that gives primary weight to enacted words, read according to ordinary meaning and in context.
What is legislative history?
Materials from the legislative process, such as committee reports and sponsors’ statements.
What is strict constructionism?
An approach that favors narrow readings of legal language; textualism does not require narrow readings.
How does textualism differ from originalism?
Textualism interprets enacted words in context; originalism concerns the original meaning or understanding of constitutional text.
What is purposivism?
An approach to statutory interpretation that gives a central role to carrying out legislative purpose.
Quiz questions
Why do textualists question whether legislative history can establish a legislature’s intent?Answer: A large legislature may not share one unified view of an ambiguity.
When enacted words and an asserted legislative purpose point in different directions, what does textualism prioritize?Answer: The meaning supported by the enacted words.
Which approach most closely favors reading legal language narrowly?Answer: Strict constructionism.
What is the primary constitutional-process concern about giving legislative history decisive weight?Answer: It may bypass the formal lawmaking process of passage by both chambers and presentment.
How does a simple dictionary-focused plain-meaning approach differ from textualism?Answer: Textualism also considers ordinary usage, statutory structure, and broader legal context.
Based on the Wikipedia article Textualism, licensed CC BY-SA 4.0. Adapted into a summary, flashcards and quizzes.