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5-4

Textualism [TEASER]

5-4

Prologue Projects

Government, News, News Commentary

4.53.7K Ratings

🗓️ 29 June 2021

⏱️ 6 minutes

🧾️ Download transcript

Summary

The hosts discuss Textualism, the legal theory that the dictionary is the real law, God made the dictionary, and what legislators intended is a secondary consideration at best.

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Transcript

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0:50.4

You know, there's that classic phrase that we're all realists now.

1:05.8

Well, I think we're all textualists now.

1:09.0

Hey everyone, this is Leon from Fiasco and Prologg Projects.

1:15.0

On this Premium episode of 5.4, Peter, Rianne, and Michael are talking about textualism,

1:20.8

the legal theory that prioritizes the literal text of laws over what might have been the

1:25.1

intended outcome of the legislation.

1:27.5

Proponents of textualism, like Justice Anthony Scalia, have argued that it prevents judges

1:32.3

personal opinions from coloring their decisions.

1:35.0

We're governed by the laws that Congress and Acts not by the unexpressed intent of whoever

1:40.0

wrote them.

1:41.0

And if they meant up when they said down, that's their problem, I frankly, if the legislative

...

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