originalism
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.
Origin of originalism
1Other words from originalism
- o·rig·in·al·ist, noun, adjective
- See also textualism (def. 2).
Words Nearby originalism
Dictionary.com Unabridged Based on the Random House Unabridged Dictionary, © Random House, Inc. 2024
How to use originalism in a sentence
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.
Why Liberal Justices Need to Start Thinking Like Conservatives | Akhil Reed Amar | June 30, 2022 | Timeoriginalism 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.
Why Liberal Justices Need to Start Thinking Like Conservatives | Akhil Reed Amar | June 30, 2022 | Timeoriginalism 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.
The Outside Game of Justice Scalia, a Loner With Clout | David Fontana | June 16, 2014 | THE DAILY BEASTBut with time, and in no small part due to his efforts, originalism has become more accepted.
The Outside Game of Justice Scalia, a Loner With Clout | David Fontana | June 16, 2014 | THE DAILY BEASTNot necessarily because originalism is the theory we all should embrace.
Originalists Making It Up Again: McCutcheon and ‘Corruption’ | Lawrence Lessig | April 2, 2014 | THE DAILY BEAST
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