originalist


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o·rig·i·nal·ism

 (ə-rĭj′ə-nə-lĭz′əm)
n.
The theory that the US Constitution should be interpreted based on the intent of its authors, as determined by examining evidence of their understanding of the meaning of its wording in its historical context.

o·rig′i·nal·ist adj. & n.
References in periodicals archive ?
This Note follows Professor Randy Barnett and Evan Bernick in their goal of creating an originalist mode where "original meaning interpretation alone is not enough to resolve a controversy.
recognizably originalist without having a written constitution, written
Although "originalism" has indeed been commonly denounced in Canada, both by judges and by scholars, these denunciations ate directed by and large to the assumptions that originalist theories prohibit all forms of constitutional evolution, or require constitutional doctrine to be based solely on the subjective intentions of the framers.
For an originalist, the meaning of the text is fixed so long as it is discoverable.
Against the non-originalist view of changing grounds, the originalist may contend that there is only one ground, that single ground is the original public meaning ("OPM") of the text, and the original public meaning is, necessarily, fixed for all time.
Gorsuch's ideology aligned with the late Justice Antonin Scalia, and he was known as a faithful originalist in his interpretation of the Constitution.
Unfortunately, Scalia did not always practice the originalist philosophy he liked to preach.
If one is a conscientious originalist, and believes that constitutional interpretation should begin with ascertaining the original public meaning of the text, what is to be done?
Even a legal originalist such as Justice Antonin Scalia would agree that the Fourth Amendment guarantees the privacy of information stored on smart phones, just as it protects papers in a desk drawer against unreasonable search and seizure.
Sainsbury and Tye (2012) argue for their Originalist theory of concepts on the basis that it solves seven well-known puzzles.