Retelling Holy Trinity-Deep Dive into Legislative History

Example

Explaining Vermeule's argument that textualism respects the constitutional process more faithfully than intentionalism, which relies on the problematic assumption that a collective legislative body has a singular, discernible intent.

Scenario

Legal scholars or students examining the philosophical underpinnings of statutory interpretation may use this function to understand the debate between textualism and intentionalism.

Example

Critiquing the reliability of legislative history as evidence of legislative intent, as Vermeule suggests that such history is often ambiguous, incomplete, or manipulated.

Scenario

Legal practitioners preparing for court arguments might leverage this critique to challenge the opposition's reliance on legislative history for statutory interpretation.

Example

Advocating for an interpretation approach that prioritizes constitutional text, aligning with Vermeule's view that this method is more consistent with judicial competence and constitutional authority.

Scenario

Constitutional theorists and judges interested in the principles of legal interpretation could use this function to argue for a strict textualist approach in their writings and rulings.