Questions tagged [textualism]
The textualism tag has no usage guidance.
4
questions
2
votes
1
answer
92
views
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,...
- 195k
0
votes
1
answer
313
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 ...
- 195k
5
votes
3
answers
840
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 ...
CommunityBot
- 1
1
vote
2
answers
4k
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,...
CommunityBot
- 1