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.
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”