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  • What is the opposite of the legal concept called ‘textualism’?
    A textualist considers that the meaning of the document is fixed at that point, unless it is amended or altered later A textualist normally considers a document as a whole, not an individual word or clause except in the context of the rest of the document Textualism is a formalist theory It is sometimes known as original meaning theory
  • united states - What does the word liberty in the fourteenth . . .
    So, what does the word "liberty" of the 14th Amendment mean to a textualist? Is liberty merely the right not to be put in jail by the government without due process of law?
  • Textualism and originalism - Law Stack Exchange
    In the context of interpreting the U S Constitution, what is the distinction between textualism and originalism? Are the two approaches applied much outside of the U S in other contexts?
  • Strict construction vs. plain meaning vs. textualism vs . . .
    Here are some general explanations of the different terms Strict Construction Plain Meaning Textualism The law means exactly what it says and nothing more There is no wiggle room for interpreting it to mean things that it doesn't explicitly say Loose Construction When interpreting a law take into consideration what it seems the law is trying to accomplish which can be more than what the
  • interpretation - Does originalism address how to amend the Constitution . . .
    The actual method of amending the Constition is spelled out in Article V – originalism would reject the position that there are other ways to amend it We can see the result in the ratified amendments Originalism is a theory of interpretation, not a theory of drafting, and it hold that the words of the law, be it the Constitution or a particular statute, are to be understood as would be
  • constitutional law - Why does the ninth amendment carry so much less . . .
    And why do dissents of textualist rulings not seem to cite the ninth amendment when arguing against it if it is such a fundamental idea? It seems to me more like the ninth amendment just gets almost completely eschewed in constitutional law, rather than acting as a guiding principle
  • Are judges obliged to obey precedent? - Law Stack Exchange
    Later on, a case that's essentially exactly the same comes before judge Ted the textualist One of the lawyers in the case argues to Ted that clear precedent has been set by Fern's ruling Is Ted obliged to honor Fern's precedent, or can he say "I don't agree with Fern's interpretation" and rule with respect to his own interpretation of L?
  • united states - Virtual dvd blu-ray disc rental service: playing and . . .
    I'm wondering about the legality of a business idea It would basically be a virtual dvd blu-ray disc rental service (maybe including VHS, laser disc, etc ) The discs would not be ripped to a drive
  • How can Trump legally serve a third term? - Law Stack Exchange
    I read on Donald Trump assures that he is quot;not joking quot; about the possibility of running for a third term (title Google Translated from French) that Trump is considering serving a third te
  • When the US federal government uses unlicensed music in its videos . . .
    Recently, the federal government has taken to creating and posting videos on social media platforms, set to music by artists who object to their music being used for this purpose Some media report





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