originalism

[ uh-rij-uh-nl-iz-uhm ]

noun

, Law.

1. 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.
2. 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.
3. 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

First recorded in 1980–85; original ( def ) + -ism ( def )

Example Sentences

"There's growing consensus among originalists among all different stripes that the Roberts Court conservatives are not serious about methods and not serious about originalism," Shugerman said.

From Salon

But in characterizing originalism as a “trap” and situating it historically, Dennie's analysis cuts deeper into the harm caused by originalist doctrine, without sacrificing nuance, rigor or scope.

From Salon

Scalia is cited 10 times in the Alabama decision, but in this case the justices squeezed “originalism” until it screamed for mercy.

From Los Angeles Times

Then, feigning originalism in Dobbs, they vitiated Equal Protection, elevating the legal rights of zygotes over those of living, breathing women, citing 12th-century mores when men like Alito burned women like me at the stake.

From Salon

In a Federalist Society keynote address two years ago at Arizona’s Waldorf Hotel, Clint Bolick described originalism and federalism — or the division of power between national and local governments — as two of his “favorite isms.”

From Los Angeles Times