Textualism

Please choose the most appropriate answer for each sentence.
  • 1

    It has ..... been stated by the US Supreme Court that treaties adopted under the Constitution's Article II are not acts of legislation but instead contracts between nations.

  • 2

    This analogy with a contract was recently ..... by both dissent and the majority in National Airways v. Aladdin.

  • 3

    However, more and more the treaty jurisprudence of the Supreme Court has ..... the mark of 'new textualism'.

  • 4

    Justice Powell has strongly argued that rule of law and separation of powers make it necessary that the Supreme Court limit its inquiry in cases of treaty interpretation to the four ..... of the agreement.

  • 5

    The Supreme Court as a group has not agreed with all aspects of Powell's argument - such as her ..... to using materials from ratification debates in the Senate - but textualism is becoming a big influence in the interpretation of treaties.

  • 6

    A contract has validity only ..... as there has been mutual agreement by the contracting parties to a shared proposition.

  • 7

    An interpreter in a contractual disagreement mostly concentrates on how the two parties understand the contract's terms, but the interpreter of statutes who uses a textualist methodology concentrates on the meanings that neutral third parties ..... to the terms.

  • 8

    Between this pair of contending principles in the interpretation of treaties, the contract analogy is the one that should prevail ......

  • 9

    The greatest justifications for textualism in interpretation of statutes - more legislative accountability and ..... to Article II, Section 6 of the lawmaking process - cannot be extended to the context of treaties.

  • 10

    Foreign affairs disputes are composing an increasing share of the Supreme Court's ..... and US treaty commitments are proliferating, yet it is shocking how unstudied the field of treaty interpretation remains.

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