Textualism has a reputation problem. Too often, it’s associated with rigid conservatism, judicial restraint, or academics parsing commas in 200-year-old statutes. But at IACLS, we treat textualism as a weapon—and we’re using it to expand liberty, not restrict it.

Why? Because when courts actually read the text—really read it, the way it was understood at the time it was written—freedom wins more often than it loses.

The Texas Constitution Example

The U.S. Supreme Court, starting in the 1960s, shifted away from the common law to give more deference to police and prosecutors. That trend never fully reversed.

But the Texas Constitution is different. It’s not a clone of the U.S. Constitution. It’s a codification of common-law principles—and that matters.

When we press Texas courts to apply original-meaning textualism to phrases like “due course of law,” we’re not just making clever arguments. We’re pointing judges back to a version of due process that’s older, deeper, and more defendant-friendly than what federal precedent offers.

Where It’s Working

IACLS is briefing this argument in appellate courts across the state. We’re showing how these phrases meant something specific at the time of enactment—something courts have lost sight of. And we’re starting to see signs that judges are listening.

Even casual offhand use of our phrasing—echoed in an unrelated case—signals momentum. The goal is to turn that spark into doctrine.

This Isn’t Theory—It’s Tactics

When used correctly, textualism forces courts to confront the language they’ve ignored or glossed over. It exposes drift. And it gives lawyers another way to pry open constitutional protections that would otherwise stay shut.

We’re not interested in academic debates. We’re interested in tools that move outcomes. Textualism, in the right hands, is one of them.

Want to Use the Argument?

If you’re briefing a case with Texas constitutional implications, we can help. We’ve developed language, structure, and supporting history that you can plug into your motion or appeal.

Email friends@iacls.org to request access to our Texas Constitution memo bank or collaborate on a brief.

Textualism isn’t for show. It’s for turning old language into new freedom. Let’s get to it.