[20211229]LSB10676_宪法分析的模式：文本主义（下） .pdf

CRS Legal Sidebar Prepared for Members and Committees of Congress Legal SidebarLegal Sidebari i The Modes of Constitutional Analysis: Textualism (Part 2) December 29, 2021 This Legal Sidebar Post is the second in a nine-part series that discusses certain “methods” or “modes” of analysis that the Supreme Court has employed to determine the meaning of a provision within the Constitution. (For additional background on this topic and citations to relevant sources, please see CRS Report R45129, Modes of Constitutional Interpretation.) Textualism is a mode of legal interpretation that focuses on the plain meaning of a legal documents text. Textualism usually emphasizes how the terms in the Constitution would be understood by people at the time the terms were ratified, as well as the context in which those terms appear. Textualists usually believe there is an objective meaning of the text, and they do not typically inquire into questions regarding the intent of the drafters, adopters, or ratifiers of the Constitution and its amendments when deriving meaning from the text. In other words, they are concerned primarily with the plain, or popular, meaning of the Constitutions text. Textualist