Thus, I conclude, adherents of textualism and originalism should recognize the time limit in the Recess Appointments Clause as a matter of constitutional law. |
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Originalist meaning textualism is not without its difficulties because the attempt to bind governments by written constitutions has inherent difficulties. |
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Bork's textualism was also not likely to overturn a ton of democratically created laws. |
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In 2008, before we went to press, I suggested that we should do a second book together, on textualism. |
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There never was a golden age of First Amendment textualism or absolutism in American history, even if you limit the First Amendment to Congressional power. |
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As the Halbig case demonstrates, textualism is as politically fraught as any other approach to judging. |
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Her jurisprudence, up to her Supreme Court début, had been fairly liberal, but her methods varied: strict textualism, allusions to international law, nods to the legislative record. |
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In Active Liberty, Breyer explains for a popular audience why his approach to statutory and constitutional interpretation is preferable to textualism or originalism. |
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