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originalism
[ uh-rij-uh-nl-iz-uhm ]
noun
- the doctrine that a legal document or statute should be interpreted by determining its original meaning, or how it would have been understood by informed readers when it was first written.
- the doctrine that a legal document or statute should be interpreted according to the actual or supposed intent of the author or authors, taking into consideration the historical context.
- either of these doctrines in reference to legal interpretations of a constitution, especially the U.S. Constitution:
Judges who disagree with judicial activism, such as Justice Antonin Scalia, tend to embrace originalism.
Other Words From
- o·rig·in·al·ist noun adjective
Word History and Origins
Origin of originalism1
Example Sentences
Originalism tells us to stick with whichever of those meanings was the original understanding of the Due Process Clause.
The Federalist Society is part of this grand legal tradition and it has long championed originalism as the best way for judges and others to do constitutional law.
Originalism is a profound and principled constitutional theory, available to liberals and conservatives alike, that prioritizes the Constitution’s text and original history over even seemingly “settled” precedent.
Originalism means courts should interpret laws based on their original intent or purpose.
This is why “originalism” is so beloved of cultural conservatives: All it really means is “keep the status quo.”
Next, the court makes a totally different argument: constitutional originalism.
And even the primary dissenting opinion used a version of originalism.
But with time, and in no small part due to his efforts, originalism has become more accepted.
Not necessarily because originalism is the theory we all should embrace.
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