Questions tagged [textualism]

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Are agencies controlled by the President or not? How much control is enough for a textualist to accept the Chevron doctrine?

In this video, at 11:20 Justice Scalia says: Congress created a series of agencies insulated from presidential control In the same video, at 57:06, in answering a question about the Chevron doctrine,...
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1answer
87 views

What did Scalia mean when he said that the Constitution "explicitly" protects racial minorities?

I was watching this video of Justice Scalia's remarks. At 1:10:36, Justice Scalia answers a question about Brown v. Board of Education. Because Justice Scalia has previously said that it's not the ...
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2answers
3k views

What is the opposite of the legal concept called ‘textualism’?

The concept of Textualism has as its main focus the precise letter of the law. What is the name of the opposite concept? An opposite concept would be where focus also is given to non-textual sources,...
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3answers
705 views

Is the 21st century's idea of "freedom of speech" based on precedent?

Reading the First Amendment strictly through a textualist lens it is understood that Congress cannot limit our speech, but the First Amendment does not say anything about companies limiting it, or ...