The Textualism Method of Statutory Construction

Use Textualist Analysis to Show That a Client’s Conduct Is Not a Crime, Position Arguments for Appeal, and Maximize Chances for Supreme Court Review

Textualism refers to interpreting a legal text by its ordinary meaning, putting aside considerations like legislative intent that do not appear in the text itself. Lawyers should understand which principles of statutory and constitutional interpretation are available to help show that a statute is unconstitutional. Regardless of one’s opinion of textualism or originalism, these concepts have often tipped the balance in favor of the accused.