Originalism And Textualism: A Complete Guide To Their Understanding & Application

3 years ago
23

Originalism and Textualism are judicial philosophies few people have a good understanding of. In fact some of the more absurd misconceptions I have heard espoused about these methods of interpretation came from people who profess to be originalists or textualists. The fact is there is very little good information out there on which to base your opinion and understanding of these concepts unless you are someone who spends a great deal of time in law libraries and have an inclination to buckle down and figure these differences out.
This video is meant to help with that lack of knowledge. Whether you don't even know what a judicial philosophy is or a law student getting mixed messages from different sources about what these philosophies entail, this video will be of use to you. We look at the two main forms of Originalism to understand where they do and do not agree, we then look at textualism and Originalism to find out what these mean individually, as well as on what they agree upon and where they differ.
There are two very common misconceptions that I specifically take aim at in this video:
First: Originalism and Textualism are just two different terms for one single concept
Second- Originalism and Textualism and Originalism are fundamentally contradictory judicial philosophies
These are both commonly espoused and neither of them is correct. You will learn WHY they are incorrect and so, so much more.
Follow & Support

Come join me over on Patreon right now for as little at $2/month as a Citizen Producer
Patreon: www.patreon.com/categoricalimperatives
PayPal.Me - https://www.paypal.com/paypalme/categoricalimperativ
All PayPal Donation Options - https://www.paypal.com/donate?business=4G3R7WQTR7T58&currency_code=USD
Venmo Donations - http://www.venmo.com/LockeanLiberal

Bitchute - https://www.bitchute.com/categoricalimperatives/
LBRY - https://lbry.tv/@CategoricalImperatives:a
Odysee - https://odysee.com/@CategoricalImperatives:a
Youtube - https://www.youtube.com/user/ReverendBob23/
Substack - https://categoricalimperatives.substack.com/
Libertarian Institute Contributor Page - https://libertarianinstitute.org/author/bob-fiedler/
Tenth Amendment Center Coontributor Page - https://tenthamendmentcenter.com/author/bobfielder/
Twitter - https://twitter.com/LockeanLiberal

Show Suggestions, Ideas, Questions or Topic Request : These are best made
E-mail the Show: CategoricalImperatives@gmx.com
Categorical Imperatives is a podcast that applies legal theory and moral philosophy to discussions of current events in law, politics & culture.

00:00 Introduction
03:29 Introduction – Originalism and Textualism
05:45 Legal Formalism
08:30 Definitions
08:40 Definition – Original Intent
09:30 Definition – Original Meaning
10:00 Definition – Textualism
11:56 The Constitution As A Legal Document
14:09 Constitutional Interpretation 
14:55 Constitutional Interpretation  - Original Intent
19:45 The problems With Original Intent
24:23 Constitutional Interpretation  - Original Meaning
27:57 Statutory Interpretation – Original Public Meaning
33:22 Statutory Interpretation – Textualism
34:10 Textualism & Plain Meaning Rule
34:45 Speaker's meaning and sentence meaning
35:40 Textualism and the general public
36:40 Noted textualists - Frank Easterbrook
38:10 Noted textualists – Antonin Scalia
39:48 Early Forms Of Statutory Interpretation
41:35 The Evolution Of Textualism
49:25 Closing

Loading comments...