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originalism

Rare

Pronunciation

UK

    US

      Meanings

      Noun

      1. the doctrine that a constitution or law should be interpreted by its original meaning

      Beyond the definition

      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.

      See also

      Similar

      • original meaning theory
      • original intent theory

      Shades of meaning

      • textualism
      • intentionalism

      Contrast

      • living constitutionalism
      • purposivism

      Do not confuse

      • strict constructionism

      Used with (collocations)

      • constitutional originalism
      • public-meaning originalism
      • originalist interpretation

      Word family

      • originalist

      Explore

      • constitutional interpretation
      • judicial philosophy

      Forms and spellings

      1 form open this card.

      Main spelling

      • originalismnoun