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To: patlin
There is a difference between originalism & textualism.

They're both based on the meanings of the time they were written. Textualism only relies more on the interpretation of the actual words used. But the goal of both types of analysis is the same and ultimately still based on both word usage AND cultural analysis of the time.

30 posted on 02/13/2016 8:41:43 PM PST by Talisker (One who commands, must obey.)
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To: Talisker

Originalism includes the legislative record when determining the meaning of the text. Scalia did not believe in this, Thomas does.

and so while they both rely on the written text & the meanings of the words at the time they were adopted, originalism goes one step further in bringing the legislative record into that definition.


33 posted on 02/14/2016 9:19:25 AM PST by patlin ("Knowledge is a powerful source that is 2nd to none but God" ConstitutionallySpeaking 2011)
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