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Plain Language Textualism: Some Personal Predilections Are More Equal Than Others, Stephen Durden

Stephen Durden

This Article challenges the validity of plain language textualism, an allegedly superior method of constitutional interpretation based solely on the “plain language” of the Constitution. First, this Article demonstrates that, notwithstanding the ebb and flow of support for this interpretive method, both the Supreme Court and its individual Justices often seek to “plainly” define various provisions in the Constitution. What matters most to this Article is not whether any individual “plain language” interpretation of a constitutional provision seems reasonable or even best, but rather whether the use of “plain language” is consistent with the expressed and unexpressed objectives and purposes …