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Originalism consists of a family of different theories of constitutional interpretation and can refer to original intent or original meaning. [2] Critics of originalism often turn to the competing concept of the Living Constitution , which asserts that a constitution should evolve and be interpreted based on the context of current times.
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.
In an article in The Atlantic in March 2020, Adrian Vermeule suggested that originalism – the idea that the meaning of the American Constitution was fixed at the time of its enactment, which has been the principal legal theory of conservative judges and legal scholars for the past 50 years, but which Vermeule now characterizes as merely "a ...
The interpretation of the Canadian Charter of Rights and Freedoms also makes use of the living tree doctrine. Chief Justice Antonio Lamer stated in Re B.C. Motor Vehicle Act, "If the newly planted 'living tree' which is the Charter is to have the possibility of growth and adjustment over time, care must be taken to ensure that historical materials, such as the Minutes of Proceedings and ...
The Republican majority of the U.S. Supreme Court tells us they are “originalists” — interpreting the U.S. Constitution based on what it meant as originally written.
Scalia, considered the Supreme Court's most provocative member, advocated Constitutional originalism, interpreting the Constitution through the perceived original intent of its creators.
Gorsuch is a proponent of textualism in statutory interpretation and originalism in interpreting the United States Constitution. [2] [3] [4] Along with Justice Clarence Thomas, he is an advocate of natural law jurisprudence. [5] He is the first Supreme Court justice to serve alongside a justice for whom he once clerked (Kennedy). [6]
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.