POLS 3140 Study Guide - Final Guide: Textualism, Sexting, Originalism
Document Summary
Statutory decision-making: refers to the way that judges choose to interpret and make decisions on the law. The functions of the courts are so important because they are designated by the constitution to interpret the law. The way that the legislative branch chooses to interpret a law or make a decision statute can overturn, uphold or create precedence, and impact the changes in law. Because they must interpret it before they can decide whether or not the law is constitutional or unconstitutional, and or make decisions on the cases/issues that are brought before them. Orginalist: favoring heavy reliance on the original sources (the text and its intentions). Textualist: gives primary weight to the text and the structure of the constitution. They are often skeptical of the ability of judges to determine the collective. Intentionalist: gives primary weight to the intentions of the framers, members of proposing bodies, and ratifiers.
