Judicial philosophies Flashcards

1
Q

Define originalism

A

Originalism - plain language meaning of the text for the ratifying generation - e.g., DC v Heller, would look at the definitions of the 1s A. using dictionaries from the time. What was the interpretation of the law at the time it was written.

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2
Q

Define and describe textualism

A

Textualism – the law is interpreted primarily based off the ordinary meaning of the text.
Scalia, describing Textualism, “it is the law that governs, not the intent of the lawgiver”

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