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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.
The Living Constitution, or judicial pragmatism, is the viewpoint that the U.S. constitution holds a dynamic meaning even if the document is not formally amended. The Constitution is said [ by whom? ] to develop alongside society's needs and provide a more malleable tool for governments.
Worse Than Nothing: The Dangerous Fallacy of Originalism is a non-fiction book by Erwin Chemerinsky, published in 2022 by Yale University Press.It discusses developments in the United States Supreme Court and the U.S. Constitution in the early 21st Century.
The current majority originalist U.S. Supreme Court is a far cry from the mid-20th century Warren Court that interpreted a "living" Constitution.
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.
The Supreme Court's decision to grant former President Donald Trump absolute immunity for some of his conduct in seeking to overturn the 2020 election has attracted a chorus of criticism from ...
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.
John O. McGinnis, reviewing Arkes's Constitutional Illusions & Anchoring Truths in The Wall Street Journal, writes that it tries to find a path between the position of originalism, where the meaning of the U.S. Constitution is defined by its original text, and the idea of the living constitution, where its meaning is interpreted through the ...