Plain Meaning Rule - Ballotpedia

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The plain meaning rule is an approach to legal proceedings that relies on the usual and ordinary meaning of a law's text. This rule is the starting point for courts and legal experts attempting to determine legislative intent. Textualists favor the plain meaning rule.^[1]

Complexities

Legal scholar David A. Strauss has noted that the plain meaning rule works in many cases where an individual can look at the law and ascertain a clear meaning. His examples include a speed limit sign, a basic will and building codes. Strauss explained the following complications related to the plain meaning rule in his February 2014 article in the Notre Dame Law Review titled "Why Plain Meaning":^[2]

Plain meaning refers to the plain legal meaning of a rule rather than meaning in other settings
The rule might be used in cases of varying complexity where a plain meaning interpretation might lead to inconsistent results
Laws are created with varying levels of support from local, state and federal legislators, which can lead to laws based on compromise rather than sound legal principles

See also

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