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originalism

noun

Pronunciation

UK

  • /ərˈɪdʒɪnəlˌɪzəm/

US

  • /ərˈɪdʒɪnəlˌɪzəm/

Description

Originalism is a way of reading the United States Constitution. Imagine you are using an old instruction book and trying to follow it by the meaning the words had when it was first written, not by what people want those words to mean now. That is close to the basic idea. People who support this view believe judges should look for what the Constitution's words meant when they were adopted and stay close to that meaning, even if that result feels out of step with modern life.

There are different forms of this idea. Some people focus on "original intent," or what the writers were trying to do. Others focus on "original public meaning," or how ordinary informed readers at that time would have understood the words. This view often comes up in Supreme Court debates and major legal arguments, especially in cases about rights, government power, guns, or privacy. At its core, it is part of a larger argument about whether the Constitution's meaning stays fixed or changes with society.

Examples

  1. 1

    Legal debate

    Originalism has become an important idea in debates about the U.S. Supreme Court.

  2. 2

    Confirmation hearing

    The senator praised the nominee's commitment to originalism during the hearing.

  3. 3

    Constitutional theory

    Some scholars defend a form of originalism that focuses on how the public understood the words at the time.

Forms and spellings

1 form open this card.

Main spelling

  • originalismnoun