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Methods of InterpretationHow the Supreme Court Reads the Constitution$
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Lackland H. Bloom Jr

Print publication date: 2009

Print ISBN-13: 9780195377118

Published to Oxford Scholarship Online: September 2009

DOI: 10.1093/acprof:oso/9780195377118.001.0001

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Intratextualism and Textual Purpose

Intratextualism and Textual Purpose

Chapter:
(p.31) two Intratextualism and Textual Purpose
Source:
Methods of Interpretation
Author(s):

Lackland H. Bloom

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780195377118.003.0002

This chapter discusses intratextualism, reliance on textual purpose, and certain limitations of textualism. First, it explains how the Court has relied upon usage within the constitution, usage in context, congruence over time and with other clauses, and constitutional architecture to discern constitutional meaning. Next, it considers several prominent examples of the Court's reliance on the purpose of the text to illuminate its meaning. Finally, it examines problems posed by the absence of text or by interpretations in conflict with the text using Eleventh Amendment cases as examples.

Keywords:   intratextualism, usage, congruence, context, architecture, purpose, absence of text, Eleventh Amendment

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