Legal Definitions - textualism

Textualism is a method of interpreting laws that focuses strictly on the ordinary, plain meaning of the words used in a statute at the time it was written. A textualist believes that the law's meaning is found solely within its text, and they do not consider external factors such as:

• The specific intentions of the lawmakers who drafted the legislation (what they meant to achieve).
• The broader purpose or goals the legislature hoped to accomplish with the law.
• The legislative history, which includes debates, committee reports, or earlier versions of the bill.

Instead, a textualist asks, "What do these words, in this context, mean to a reasonable person reading them?" This approach prioritizes the exact language of the law, even if the outcome seems to diverge from what might be considered the "spirit" of the law or the presumed intent of its creators.

Here are some examples to illustrate textualism:

• Scenario: Service Animals on Public Transport

  Imagine a city ordinance states, "No animals are permitted on public buses, with the sole exception of service dogs." A passenger attempts to board a bus with a miniature horse, which is a recognized service animal under federal disability law. A textualist interpreting this city ordinance would likely conclude that the miniature horse is not permitted. Even though miniature horses can serve as legitimate service animals and the broader intent of service animal laws is to ensure accessibility for people with disabilities, the specific text of the city ordinance explicitly limits the exception to "service dogs." The plain meaning of "dog" does not include a miniature horse, regardless of its service function or the general spirit of disability accommodation laws.

• Scenario: "Electronic Communication Device" While Driving

  Consider a state law that prohibits drivers from using an "electronic communication device" while operating a motor vehicle. When this law was passed, lawmakers were primarily concerned with cell phones. Years later, a driver is cited for checking messages on their smartwatch while driving. A textualist would interpret "electronic communication device" based on its plain meaning. Since a smartwatch is electronic and capable of sending and receiving communications, it falls squarely within the literal text of the statute. The fact that smartwatches did not exist or were not the primary concern when the law was enacted, or that the intent was specifically to target handheld phones, would be irrelevant to a textualist. The focus remains on what the words themselves plainly say.