originalism
3
9.9
- noun
- /əˈrɪdʒɪnəlɪzəm/
- Formal
- Many legal scholars advocate for originalism as a way to interpret the Constitution based on its original intent.
- originalism and textualism
- constitutional originalism
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Watch on YouTubeAny one of those would put originalism on much shakier ground.
- Any one of those would put originalism on much shakier ground.
- I gotta say, he's a radical in in his originalism.
- And this is this to me is the brilliance of Antonin Scalia's version of originalism.
- And I think we're seeing legally in the United States the abysmal preposterousness of like originalism as a legal doctrine.
Examples
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Textualism and originalism have had a resurgence because much can be said on their behalf.
Academic text (2001) -
Justice Thomas, a fellow proponent of originalism, agrees with this line of thinking.
Academic text (2017) -
We ought to ask: Is originalism our law? If not, what is?
Academic text (2017) -
What most members of the public probably want, as Judge Posner has suggested, is originalism and their preferred results.
Academic text (2006) -
Such scholars instead turn to a method of interpretation called originalism or strict constructionism.
Academic text (2001) -
We thus disagree with Farnsworth and Posner that popular support for originalism is weak.
Academic text (2006) -
Still, depending on how the historical inquiry plays out, tension between stare decisis and theories like originalism may remain.
Academic text (2018) -
But I am increasingly skeptical that the boundary between originalism and pragmatism is possible to sustain.
Academic text (1997) -
For example, some commentators have challenged the consistency of stare decisis with originalism.
Academic text (2018) -
In the same way, originalism doesn't prejudge whether Justice Kennedy or Justice Scalia is correct about the Fourteenth Amendment.
Academic text (2017)
Synonyms
1
9.9
The view that a law's meaning comes from what its writers meant when making it
Antonyms
Surface Forms
Morphology
Etymology
Originalism comes from original meaning 'from the beginning' and the ending -ism meaning 'a belief or system'. So, originalism is the belief that we should follow the 'original' meaning or intention of a text like the Constitution.