Originalism

Uncommon card · No. 194412

Originalism is a legal theory in the United States which bases constitutional, judicial, and statutory interpretation of text on the original understanding at the time of its adoption. Originalism consists of a family of different theories of constitutional interpretation and can refer to original intent or original meaning. Critics of originalism often turn to the competing concept of the Living Constitution, which asserts that a constitution should evolve and be interpreted based on the context of current times. Originalism should not be confused with strict constructionism or textualism. Although some scholars argue that originalism has always been a part of American law, contemporary originalism emerged during the 1980s and greatly influenced American legal culture, practice, and academia, Over time, originalism became more popular and gained mainstream acceptance by 2020. Originalism was advocated most prominently by Justice Antonin Scalia, whose opinion in District of Columbia v....

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