Originalist meaning textualism is not without its difficulties because the attempt to bind governments by written constitutions has inherent difficulties. |
Bork's textualism was also not likely to overturn a ton of democratically created laws. |
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. |
Thus, I conclude, adherents of textualism and originalism should recognize the time limit in the Recess Appointments Clause as a matter of constitutional law. |
In Active Liberty, Breyer explains for a popular audience why his approach to statutory and constitutional interpretation is preferable to textualism or originalism. |
In 2008, before we went to press, I suggested that we should do a second book together, on textualism. |