POL S 202 Lecture Notes - Lecture 8: Federalist No. 10, Antonin Scalia, Strict Constructionism
20 Oct 2016
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Document Summary
Textualism (506) words do not have a limited range of meaning, however there are limits to the range of meaning within certain contexts. Text should be interpreted reasonably with a balance between extremely literal and extremely broad, context is important. To be reasonable is to not deviate from text"s original meaning/context. Ex: interpretation of due process clause (see 5th and 14th amendment) Does not guarantee people equal liberties, it guarantees people due process. Dredd scott it was a reasonable interpretation off the law even if it is not what should have happened. Ex: mcculloch v. maryland (508) read the text itself and interpret it fairly based on the text"s immediate meaning. Ex: use of the gun meaning of the word use determines the interpretation of the law. Scalia was of the dissenting opinion in the yates court case. Scalia says the purpose of law is to slow change down rather than stop completely.
