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originalist

originalist

2 9.1
Favor interpreting laws or constitutions as people understood them when written
  • adjective
  • /əˈrɪdʒɪnəlɪst/
  • Formal
translation icon : originalista
  • The inclusive meaning of "person" in 1860s state law should thus shape an originalist understanding of the Amendment.
  • originalist interpretation
  • originalist ground
  • originalist argument

Examples

  • Many judges adhere to an originalist philosophy, believing that laws should be enforced based on their original text and context.

  • No wonder many modern Republicans are so wedded to the "originalist" theory of the Constitution.

    Blog text (5)
  • "Few originalist traditions will come so well described in the search for original meaning.

    Academic text (2005)
  • No doubt they and others will continue to make such traditional arguments on behalf of particular originalist views.

    Academic text (2017)
  • An originalist reading of the Equal Protection Clause will withstand the test of time.

    Academic text (2017)
  • As voters, this should be our most critical point of focus: ensuring an originalist, strict constructionist majority.

    Blog text (26)
  • What should the legal status of human beings in utero be under an originalist interpretation of the Constitution?

    Academic text (2016)
  • In sum, Kennedy addresses originalist concerns in two important and interrelated ways.

    Academic text (2010)
  • We chose to compare the word "person" because it is the word most crucial to our originalist analysis of the Fourteenth Amendment.

    Academic text (2017)
  • Indeed, DC v. Heller and McDonald v. Chicago, although couched in originalist reasoning, are arguably the culmination, not the beginning, of this conversation.

    Academic text (2014)

Surface Forms

originalist positive

Morphology

originalist = original (semi-transparent) = original + ist

Formed from 'original' + the agent/ideology suffix '-ist'; the morphological composition is clear but the term denotes a specialized legal interpretive stance that may not be predictable for all learners.

Etymology

Originalist comes from original, which is built on origin meaning 'beginning' or 'source', and the part -ist that shows a way of thinking. So, an originalist view treats laws by the meaning they had when they were first written.