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Examples
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It would be an interesting textualist who would say “the circumstances in which they were used” means whatever a subsequent statute defines them tomean.
The Volokh Conspiracy » Blatant Unconstitutionality Started Early 2010
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And what happens when your textualist/originalist not only lacks the staggering erudition the terms evoke, but turns out to be a present-minded historian with a taste for Humpty Dumpty, declaring words to mean precisely what he intends them tomean?
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I guess his idea of the Constitution is that means whatever he wants it tomean.
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I take that to mean Zero tax revenue, what do you take it tomean?
The Volokh Conspiracy » Ideology and Economic Ignorance 2010
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But, in point of fact, the Constitution means exactly what the Supreme Court rules it tomean.
The Volokh Conspiracy » Attempts to Defeat the Kagan Nomination, and Political Hardball 2010
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United States Attorney General ruled in 1873 the word “jurisdiction” under the Fourteenth Amendment tomean:
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And what happens when your textualist/originalist not only lacks the staggering erudition the terms evoke, but turns out to be a present-minded historian with a taste for Humpty Dumpty, declaring words to mean precisely what he intends them tomean?
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But, in point of fact, the Constitution means exactly what the Supreme Court rules it tomean.
The Volokh Conspiracy » Attempts to Defeat the Kagan Nomination, and Political Hardball 2010
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United States Attorney General ruled in 1873 the word “jurisdiction” under the Fourteenth Amendment tomean:
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I guess his idea of the Constitution is that means whatever he wants it tomean.
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