Talk:Textualism

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Wiki Education Foundation-supported course assignment[edit]

This article was the subject of a Wiki Education Foundation-supported course assignment, between 11 January 2021 and 13 March 2021. Further details are available on the course page. Student editor(s): Aic2023.

Above undated message substituted from Template:Dashboard.wikiedu.org assignment by PrimeBOT (talk) 10:56, 17 January 2022 (UTC)[reply]

US-only[edit]

This article needs a complete rewrite, and substantive new material. The issue is relevant in (at least) all countries with legal systems derived from England, and textualism or "black-letter law" has historically been more successful outside the US. JQ 11:34, 26 September 2007 (UTC)[reply]

Lysander Spooner and textualism[edit]

If the following excerpt from the article on Spooner describes an attempt at textual interpretation, then I propose a link to this article from Spooner's should be made:"Spooner challenged the claim that the text of the Constitution supported slavery.[14] Although he recognized that the Founders had probably not intended to outlaw slavery when writing the Constitution, he argued that only the meaning of the text, not the private intentions of its writers, was enforceable. Spooner used a complex system of legal and natural law arguments in order to show that the clauses usually interpreted as supporting slavery did not, in fact, support it, and that several clauses of the Constitution prohibited the states from establishing slavery under the law.[14] Spooner's arguments were cited by other pro-Constitution abolitionists, such as Gerrit Smith and the Liberty Party, which adopted it as an official text in its 1848 platform. Frederick Douglass, originally a Garrisonian disunionist, later came to accept the pro-Constitution position, and cited Spooner's arguments to explain his change of mind"

-Rich Peterson24.7.28.186 (talk) 18:23, 20 October 2011 (UTC)[reply]

Meaning[edit]

. . .it may be quoted Justice Scalia . . .

This formulation may be permissible in some languages, but not in English (at least, not yet). — Preceding unsigned comment added by Pamour (talk • contribs) 11:17, 5 November 2018 (UTC)[reply]

Incompatible with Originalism entry[edit]

This entry says that "Textualism is often erroneously conflated with originalism," but Originalism#Original meaning uses the Holmes quote here presented as summarizing textualism to summarize the original meaning type of originalism. I would say that they're synonymous. "Originalism" once meant "original intent," but now it nearly always means "original meaning," largely thanks to Scalia. -- Calion | Talk 02:21, 4 November 2022 (UTC)[reply]