NOUN
- the belief that the United States Constitution should be interpreted in the way the authors originally intended it
How To Use originalism In A Sentence
- Originalism designer should have the idea that the development of creativity is a long, enduring and precise process.
- Only a commitment to originalism provides a solid foundation for constitutional adjudication.
- Rewriting the Constitution might remove some limiting provisions, but consider then the sense of originalism as it may be focused upon years later in construing a rewritten constitution, with so much more documentation regarding original intent, original meaning, original understanding, original whatever du jour, for scholars to consider? Balkinization
- This method contrasts with other ways of evaluating activism such as textualism, originalism, and jurisprudential theory. Green on An Intellectual History of Judicial Activism
- One final disagreement, related to the metaethical dispute, concerns the justification for originalism. The Volokh Conspiracy » The State of Constitutional Theory on the Left and the Right
- Even the idea that looking at original intent in interpretation is given the label ‘originalism’ is close to absurd, as EVERY judge ought to be looking to the intent of the words in the laws as a part of their legal interpretation (how much weight you give it may be a matter for debate, but it must be a part of the fabric of judicial interpretation). Think Progress » Sen. Coburn (R-OK) Admits Alito Legislated From The Bench
- But when the logical outcome of originalism is contrary to his goals, originalism goes right out the window.
- Liberals wouldn't even claim to support supply side economics, originalism, or small government.
- I wouldn't put it quite like that, but it is overjoying -- in an environment where originalism is constantly, pervasively, deliberately and duplicitously misrepresented as "the theory of original intent" -- to see a journalist hitting the nail squarely on the head in a book aimed at the mass market. "Bill Rehnquist was concerned about efficiency. He didn't want to waste time. You could raise your hand, but it was not encouraged."
- Originalism is, in a sense, a variant of "passivism," but it is not institutional passivism. Geoffrey R. Stone: Supreme Imbalance: Of Liberals and Conservatives