originalism
IPA: ɝˈɪdʒʌnʌɫɪzʌm
noun
- The view that a text should be interpreted according to the intent of its original authors.
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Examples of "originalism" in Sentences
- If originalism is even a valid and legitimate mode of interpretation, how should it be done?
- Nevertheless, once we recognize the full implications of this distinction, original meaning originalism is fully compatible with living constitutionalism.
- If a version of originalism is incapable of finding a conflict between original meaning and modern practice, then it isn't originalism, it's just "living" constitutionalism flying under a false flag.
- But to say that every legitimate constitutional scholar says that all of ‘Obamacare’ (e.g., the individual mandate) passes muster, assumes that originalism is not a legitimate form of constitutional interpretation.
- One of the rhetorical strengths of originalism is that it begins with a proposition most everyone agrees with (that the intent of the Framers is essential for understanding the meaning of the Constitution) and then cleverly moves on to determine what exactly “original intent” means with less discussion.
- To derive original meaning he often looks to practices and principles as they would have been understood at the time the text was framed (his opinions regarding the equal protection clause are a notable exception); thus his version of original meaning originalism is heavily informed by what I have called original expected application.
- In fact, one argument for my version of originalism is precisely that it allows us to understand the most valuable achievements of American constitutionalism in the past two centuries as reasonable implementations of text and principle rather than mistakes that we are stuck with because it would now be too politically embarrassing to disown them.
- Mr. STEPHEN BREYER (Supreme Court Justice): People think we decide things politically, or at least if we don't decide things politically, we're deciding on whatever we think is good in some general way; or that the only way to protect against subjective views of judges is to have something called originalism, which is as if you could reach decisions by means of an historical computer.
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