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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.
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 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 to develop alongside society's needs and provide a more malleable tool for governments.
Virginia incumbent Sen. Tim Kaine (D) debated Republican challenger Hung Cao Wednesday in a live event hosted by WAVY from Norfolk State University’s campus. Kaine was elected to the Senate in ...
Wallison also stated that the political order formulated by common good constitutionalism "is highly authoritarian, perhaps even totalitarian" citing Vermeule's assertion that: "Constitutional concepts such as liberty and equality need not be given libertarian or originalist readings."
The court, which has a 6-3 conservative majority, was unanimous in ruling that Section 3 of the Constitution’s 14th Amendment cannot be enforced by states, but critics were quick to point out ...
Madison, who is now acknowledged as the father of the Constitution — despite his repeated rejection of this honor during his lifetime, [17] became a leading member of the U.S. House of Representatives from Virginia (1789–1797), secretary of state (1801–1809), and ultimately the fourth president of the United States (1809–1817).