the third approach of course is textualism. plain meaning factionalism. justice scalia's preferred theory, does intent have a role to play in a textualists approach to statutory interpretation? i think that it does and it can, but that role is very, very limited. sometimes words you statutes that are ambiguous in the sense that if the word that can have more than one meaning. famous example, the bank of a river, or the bank that serves as a financial institutions. it's a rare that you can't resolve ambiguity from the text of the statute itself, because usually the text itself provide sufficient context to provide ambiguity. but if it does not, then there is nothing inconsistent with textualism in looking to other evidence of context in order to resolve the ambiguity. that use of legislative history, although very rare, is fully consistent with justice scalia's view of textualists statutory interpretation. one last point and it goes to professor merrill's discussion of the argument that some use of legislative history is unconstitutional. unlike a resume a

not, then there is nothing inconsistent with textualism in order to resolve ambiguity. history of legislative is fully consistent with justice .calia's view one last point, and agosta professor merrill's discussion of the argument that some use of legislative history is unconstitutional. i think this argument is correct and provides the primary basis for the exclusion of a certain way of legislative history. we need to distinguish between the activity of discovering the meaning of the constitutional and theterpretation, act of putting it into legal texts. was used byoponent wigmore, williston, and others in the first half of the 20th century. legislative history can play and role in interpretation if that rule is limited to interpreting the meaning of the text. but when it is used as a tool for adopting instructions that alter override the meaning of , then it is illegitimate. then it is privileging some ring that was not enacted as law over that which was. reasonableerfectly to view that is unconstitutional. thank you. [applause] we heard it is ok to use legislative hi

una despedida, es una bienvenida a fidel castro a la inmortalidad y la gloria, son sus palabras textualespuerta al pueblo cubano para eventualmente ir a la democracia y cambiar su forma pensar, eso no es lo que se paercibe aquÍ en las calles, aquÍ lo llaman padre, lo llaman el patriarca de la sociedad, le dicen que es el gigante, un hermano, se refieren a Él de todas esas formas y dicen que siempre van a continuar con sus ideales socialistas, incluso hoy entre maÑana hay 1600 centros en todo cuba para personas que pueden ir a firmar como si fueran centros de votaciÓn la gente va a reafirmar su forma de pensar y lo que dicen que es el legado de fidel castro, dicen no queremos hacer algo diferente, por contrario, he hablado con muchas personas que hacen eco de eso una y otra vez. esta plaza se ve vacÍa, pero no porque la gente no quiera venir, hay muchas zonas donde las personas estÁn esperando para entrar y para que los dejen entrar por cuenta gotas a esta fila que se ve ordenada que lleva al monumento, son tres filas alrededor de esta plaza que entran de manera simultÁnea, es la primera v

that is saying does it feel emotionally true, and if it feels emotionally true, it's kind of a textuality not matter so much and i think that debunking the individual statements by donald trump may well absolutely convinced the readers of the newspapers were the viewers of c-span but they never believed in the first place probably where they think it's the elite media trying to shut him u up or damage him because he's telling the truth. >> you can watch this and other programs on linux booktv.org. i will say it was based in the counting of the economy and creating the aggregate data that we now see that hasn't existed so that creation and understanding of how you generated the best quality data was having gotten its start and then the building of the mathematical connections between those planes ..

speedt came to the posted limits, he was no strict textual list. [laughter] we happy few who were privileged to clerk for the justice were transformed by the experience, but his influence went far beyond the clerkaratti. but judge had a transformative effect on the supreme court. his impact on statutory construction which is the bread and butter of what the court does was nothing short of copernican with the center of attention returned to the text. he likewise championed a focus on the text and original public meaning of the constitution and strove mightily to ensure that his methodology for interpreting both statutes and the constitution produce predictably legal results, even when they did not support with his policy preferences. his votes to vindicate the first amendment rights of flag burners are famous examples. but perhaps no area of justice scalia's jurisprudence gave rise thate phenomenon, one is near and dear to them, more than criminal law. on a personal level, antonin scalia, was a law and order kind of guy. sometimes that is friction h

at a high level the court's sift shrift to a more textual approach has greatly simply identified and i would say improved the practice of law. especially in sauter to case -- statutory cases. before justice scalia lawyers would have to analyze volumes of legislative history no search of clues to congress' purpose, gathering passages from them congressional record to support their preferred reading. this was done at significant cost to clients and rarely the tangible helpful results. >>> bree of an argue. focused on policy and now lawyers focus much more on the text and structure of the relevant statutory scheme, contract, or constitutional provision. this shift can be tariffed to justice skill ya in several ways. the first is his influence on legal teaching, shamed by among other things the fact that law professors across the board would find his points as important statements of the law even if they disagree with his conclusions. when i was a law student, most law schools now teach statutory interpretation and legal instruction followed the a far more textual and structural approach

lea textual.spuÉs de la muertes, las almas que votan descienden hasta los infiernos. y le iglesia con este tipo de masa que estÁ en la mira. >> wow. parece algo fuerte. primero tenemos las imÁgenes de trump de un robot y luego vemos que son pecado votar por hillary. faltan cuatro dÍas afortunadamente. javier: estamos tratando de comunicarnos con esta iglesia para que nos cuente si es efectivo que nace de aquÍ el mensaje ozzie su chistoso por una mala broma. >> ahora justamente a cuatro dÍas de las elecciones sube la temperatura cada una de las campaÑas. y una nueva encuesta los empata. vamos con Último de esta cantante contienda, desde washington. adelante. janet: buenas tardes, javier y carolina. y amigos de ediciÓn digital se cruzarÁn en el paso del estado de pensilvania. que puede ser clave y queda una leve ventaja a hillary clinton. y le cuesta diaria del washington post, y la cadena abc tiene a 3 punto sobre trump. este miÉrcoles estaba empatado y hace 12 dÍas tenía hillary clinton 12 puntos

inner cities were war zones and so if we con textualize it, i think we cannot just talk about that butix the overreach of the crime bill and i think she's capable of doing that and expressed that throughout this campaign. >> people should go on and read your op-ed. one more line. i promise, latinos and blacks will go towards the heart of trump's movement. and congratulations on the project. can't wait to see what happens. >>> live to battleground ohio where the final polls show donald trump with a slight lead. we've got a live look at the voting under way in cleveland and with jay-z, beyonce, energized the young african-american vote there, that's next. will your business be ready when growth presents itself? american express open cards can help you take on a new job, or fill a big order or expand your office and take on whatever comes next. find out how american express cards and services can help prepare you for growth at open.com. findhe wears his army ehe hat, walks aroundpliments. with his army shirt looking all nice. and then people just say, "thank you for serving our country" a

. >> textual. >>> welcome back to mosaic. we're in the middle of a wonderful conversation with rabbi susan. we're in the middle of this conversation about judaism and illness and the body and how we approach those issues in your life using breast cancer as an example. from your perspective, what are some of the ways in which breast cancer as an example present some of the nooned ways that we approach health. >> we've been talking about this and breast cancer doesn't effect just wyoming women and men can be diagnosed together and -- women, women and men can be diagnosed together. before we would even be ill or have the prospect of what that could look like in our lives, we have the option, some of us to have that information without all of the answers but with some knowledge that we may be genetically predisposed to breast cancer and that is giving us knowledge that we didn't have decades ago. >> yes, and i believe that medicine now can, can [inaudible] a man can be a carrier of the gene and pass that on to his offspring. what

so you have this, you know, originalism, textualism.calia was big on this, you're supposed to decide cases according to what people thought in the 18th century. ridiculous. [laughter] and very little attention actually paid to it, and there are very few honest originalists. certainly not scalia. [laughter] and precedent is very similar. the supreme court is reluctant to overrule previous decisions. that is not -- i guess they worry that people think, well, the supreme court isn't very good because they decide these cases, and then ten years later they overrule them. but, of course, the precedent issue isn't a constitutional issue. it's a text and it's a judicial opinion x. after a few years or many years, it's obsolete. you ought to say we're not paying any attention to that anymore. but the supreme court's notion -- the supreme court justices, they feel under pressure. for one thing, congress doesn't like the supreme court. the supreme court has a way of, you know, invalidating congressional legislation. so the justices worry about con

in that conversation, we talked about textualism and the original intent. say this about the president-elect. he's got the best instincts of her and we all know here one of his sisters is a judge whose an incredibly applicable well reputed judge. my guess is he'll do a great job. this would be a very big focus of his and he will be as deliberate as it's been. >> often judges are chosen because of their perception and sometimes this is a mistake. conservative republican governor of california became the most liberal supreme court chief justice in the modern era to john paul stevens and david souter profoundly disappointed the president. dagen: how about the current chief justice john roberts? >> also largely a disappointment at the manner in which your team is lucky not to us, and by looking up the method of judging. not the perception of politics, but the method of judging is so refreshing to see that. >> are you going to read those robes or go? >> aware that when i come to the interview. dagen: are just on a conversation so exciting. it's always so great t

that process of creation will replace that the textual thing we started with. that is where we took all the information. >> i can't crack these guys. [laughter] >> i second miguel. what does a library look like in 2100, assuming we are still here? >> we will be here. what does it look like? it looks like a welcoming space for all ages. >> come on, specifically what does it look like? is there sushi? the use of space in the future? no more stacks. an areaou will have over here were kids are creating. you will have an area over here were people are doing all kinds of things together. you will have stacks, you will have some materials. you will have electronic materials. >> do libraries need to be larger in the future? >> that is an interesting question. and you think about the build infrastructure in this country of libraries, it is unbelievable. we have a huge build infrastructure. it is an asset all our communities have. i don't think they necessarily have to get larger, but they have to be more flexible. we need to have some kind of a cafe. we also need a gift

justices and the profession generally is reluctant to admit that so you have this originalism, textualism. scalia was big on this, supposed to decide cases based on what people thought in the 18th century. ridiculous. and very little attention actually pay to and there are very few honest originalists. certainly not scalia. and precedent is very similar. supreme court reluctant to overrule previous -- if they are worried that people think the supreme court isn't very good because they decide these cases and 10 years later they overrule them. but, of course, the precedent issue is not a constitutional issue. its attacks, a judicial opinion and after a few years, many years it's obsolete. not paying any attention to that anymore. but the supreme court notion, the supreme court justice, they feel under pressure. for one thing, congress doesn't like the supreme court. .. >> so i think that looking backward is really, that's the worst thing about the profession, looking back. they made such a fuss last year because it was the 800th anniversary of magna carta, about which people don't know anyt

by january 20th, 2017, we will have transferred hundreds of millions of textual, electronic and audio visual records and tens of thousands of presidential gifts. the papers of the first lady's office are part of the collections of the presidential libraries. there are more than 21.4 million pages of records and personal papers in our collection. issues such as just say no, the anti-drug campaign of nancy reagan, roslyn carter's counsel on mental health, the ready to read initiative of laura bush and michelle obama's let's move aimed at raising a generation of healthier kids daily draw great scholarly interest. our conference today is about the relationship between the first ladies and the military and their support of service members, military families and veterans. in the 18th century, martha washington visited the troops at valley forge during the revolutionary war. and today, first lady michelle obama leads joining forces initiative which ensures service members, veterans and their families have the tools to succeed throughout their lives. the first ladies have had to meet personal

that process of creation will replace that the textual thing we started with. we are going to have those fond memories of, that is the place where i became a creator. that is the place where i took all of the information the library and had curated for me -- gregory: i cannot crack these guys. they are good. that was fantastic. the you have a smarty-pants answer? [laughter] susan p: no i second miguel. what does the library look like in 2100, assuming we are still here, we being the united states? susan h: we will be here. what does it look like? it looks like a welcoming space for all ages. all types of -- gregory: come on, specifically what does it look like? you go -- is there sushi? the use of space in the future? susan h: so as we said -- gregory: no more stacks. susan h: if not you will have an , area over here were kids are creating. you will have an area over here were people are doing all kinds of things together. you will have stacks, you will have some materials. you will have electronic materials. you are going to have movable flexibility. gregory:

but you have to con textualize it because there were many times of anti-american sentiments in arizona. this is what people think is new but urban renewal is an example of old. anti-mexican american sentiment grounded in fear. the same thing that we're experiencing now in 2016. a lot of that rhetoric was -- has been used used in previous k decades, so urban is an example of that of making unwise planning decisions. a target of a group of people unjustly and lessons learned right i'm not the one that -- is into lessons but i do think we as a city are trying to redevelop the downtown area. that we can maybe look to the fast seen see what ingredients worked in the past maybe pick up on them. maybe what i just describe d in terms of walkability, sustainability, those ideas will be implemented into this new version of downtown. this 21st century. >> i'm sitting in front of the pima air and space museum one of the learnlings aeromuseums in the country with collection of comploaz to 3h aircraft it was here that we interviewed leo baron on his book, patent and battle of the bulge. hugely impor

this isn't, i've never made the argument can do whatever has that originalism or textualism yields easy answers to all cases. there can be difficult questions on which intelligent judges can divide. what's curious is how often, almost uniform and everything is a liberal justices are always together. spin there's a couple different things i should probably respond to. first, i haven't affiliates with any of the liberal law professor conspiracy lists to which you are referring, so thank you for that. second, i think part of what you don't see separate opinions from the left in those cases is because they were about losing justice can be. not because they endorsed the rationale. >> they just care about results. >> you want to talk of what happens when a conservative disagrees? when justice alito writes anything that completely -- justice scalia writes in part of the i agree with everything, i would just overrule. not something where one side is guilty of. >> your counter example is a case in which conservatives are in disagreement? liberals are always together and don't care about reasoned

but it's not clear to me what the sort of textual or historical basis is for that in the for housing act. >> maybe i'll add a point or two and then trying to, you can jump in. the city's claim here is vast and undifferentiated entrance of the city's interest in the alleged violations. really the question you need to ask i think is did congress and the fair housing act intend to give a cause of action to the electric company, the landlord, the shopkeepers in the area, all those people who may be economically impacted by increased foreclosures. and i think the plain answer would be no. that's the on the scope of interest in remedying instances of discrimination, predatory our disparate impact, whatever the scope is of the substantive violation. here's a claim by the city is far broader than that. it's essentially a claim for recoupment of lost tax revenues and budget shortfalls that the city has faced because of the cost implications of urban blight and increase foreclosure rates. was it really congress purpose to enable cities to get back most tax revenues, to fill the budget shortfal

this isn't, i've never made the argument can do whatever has that originalism or textualism yields easyswers to all cases. there can be difficult questions on which intelligent judges can divide. what's curious is how often, almost uniform and everything is a liberal justices are always together. spin there's a couple different things i should probably respond to. first, i haven't affiliates with any of the liberal law professor conspiracy lists to which you are referring, so thank you for that. second, i think part of what you don't see separate opinions from the left in those cases is because they were about losing justice can be. not because they endorsed the rationale. >> they just care about results. >> you want to talk of what happens when a conservative disagrees? when justice alito writes anything that completely -- justice scalia writes in part of the i agree with everything, i would just overrule. not something where one side is guilty of. >> your counter example is a case in which conservatives are in disagreement? >> liberals are always together and don't care about reasoned

shift to a more textual approach hass really signified an improved practice of law, especially in statutory. before justice scalia, lawyers would have to analyze vines of gatheringe history, passages from the congressional record to support their preferred reading. this was done at significant cost the clients on both side and really was tangible and helpful with results. now lawyers focus much more on the text instructions of the statutory schemes, contract, or constitutional provisions. this shift can be traced to justice scalia. the first is his influence on legal teaching sheet by the fact that law professors across the opinions atsign important statements of the law, even if they disagree with conclusions. unlike when i was a student, --t law to death schools schools teach interpretation. moreesult is lawyers are inclined to focus on legal texts and the proper version of judges within our and as more and more young lawyers are trained in this way, the profession naturally shifts as well. this trend parallels changes in .he judiciary good lawyers always shake their arguments to what jud

some -- textualism must be understood. some have understood, as many taught over the years, marbury is this great triumph of chief justice marshall figuring out very cleverly how to get around jefferson. well, as leotis has written in class before he was on the bench, then professor scalia would explain how this is really how the constitution as supreme law is supposed to work. now, this is give textualists some problem because there's nothing in the text that says, judicial review or what the court's power should be. it says about the rule of law. it says about its jurisdiction. but in our seminars he would be much more simple about it. e would just say, marshall plageurized federalist 78. it's that simple. now, fact is you can take most of the landmark opinions of the marshall court, even they they did not cite the federalists and they are straight out of the federalist. but this question of whether it is or isn't out of the federalist has to due with the legitimacy and limits of judging. think about it. there are many c

that is saying does it feel emotionally true, and if it feels emotionally true, it's kind of a textuality that it may not matter so much and i think that debunking the individual statements by donald trump may well absolutely convinced the readers of the newspapers were the viewers of c-span but they never believed in the first place probably where they think it's the elite media trying to shut him u up or damage him because he's telling the truth. >> you can watch this and other programs on linux booktv.org. i will say it was based in the counting of the economy and creating the aggregate data that we now see that hasn't existed so that creation and understanding of how you generated the best quality data was having gotten its start and then the building of the mathematical connections between those planes ..