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Originalism is a legal theory that bases constitutional, judicial, and statutory interpretation of text on the original understanding at the time of its adoption. Proponents of the theory object to judicial activism and other interpretations related to a living constitution framework.
Original intent is a theory in law concerning constitutional and statutory interpretation. It is frequently used as a synonym for originalism; while original intent is one theory in the originalist family, it has some salient differences which has led originalists from more predominant schools of thought such as original meaning to distinguish original intent as much as legal realists do.
Living Constitution; Originalism; Substantive due process ... is the concept that the Constitution itself is silent on the matter of constitutional interpretation ...
The opinions in Friday’s decision suggest that the justices are still grappling over the definition of originalism, constitutional meaning and the role of history in Second Amendment litigation.
Despite Scalia's advocacy for originalism in interpreting the US Constitution, he argues that determining legislative intent for other legal texts is impossible because every statute is the product of compromise between many legislators, so aggregating their viewpoints is an impractical approach to statutory interpretation. [2]
Textualism is a formalist theory in which the interpretation of the law is based exclusively on the ordinary meaning of the legal text, where no consideration is given to non-textual sources, such as intention of the law when passed, the problem it was intended to remedy, or significant questions regarding the justice or rectitude of the law.
Thus, although the Supreme Court’s conservative majority claims to be faithful to the idea of originalism—that is, identifying the meaning of constitutional provisions at the time they were ...
But if philosophical consistency could be expected when it collides with partisan self-interest, any justice who believes in originalism or states’ rights would support this invocation.