Originalism

In the context of U.S. Constitutional interpretation, originalism is a family of theories which share the starting point that a Constitution (or statute) does not evolve in meaning, but rather, has a fixed and knowable meaning, which should be adhered to by Judges. A neologism, "originalism" is similar to legalist traditionalism, and is popular among U.S. political conservatives; some opponents have charged that it is merely a form of Judicial Activism.

Related Topics:
U.S. - Constitutional interpretation - Statute - Neologism - Traditionalism - Conservatives - Judicial Activism

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The term originalism refers to two distinctly different ideas: One version, known as original intent, is the view that interpretation of a written constitution is (or should be) consistent with what it was originally intended to mean by those who drafted and ratified it. The other version, known as original meaning, or textualism, is the view that interpretation of a written constitution should be based on what it would commonly have been understood to mean by reasonable persons living at the time of its ratification.

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Originalism is only concerned with determining the meaning of a text. Constitutional interpretation is not constitutional construction; rather, construction is the determination of how the provisions of a text apply to a specific question.

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The key to originalism is that interpretive decisions made by Judges should be based on facts about the document when it was originally written or ratified, with minimal adjustments for the time or context in which it is interpreted. Under this method, even when a judge sees an issue he is persuaded ought to be ameliorated somehow, if the law as written and interpreted in the light of its original intent or original meaning does not support the end result sought, a ruling supporting that result is not granted. In this manner, originalists contend, alteration of the Constitution remains the prerogative of the amendment process outlined in Article V.

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