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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.
Michael Rappaport, who runs the Center for the Study of Constitutional Originalism at the University of San Diego School of Law, similarly noted that "presidential immunity does not accord with ...
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.
Constitutional theory is an area of constitutional law that focuses on the underpinnings of constitutional government. It overlaps with legal theory , constitutionalism , philosophy of law and democratic theory.
“In my view, the reasoning in the opinion is a disaster,” wrote Michael Rappaport, who leads the Center for the Study of Constitutional Originalism at the University of San Diego School of Law ...
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 ...
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.
Scalia, considered the Supreme Court's most provocative member, advocated Constitutional originalism, interpreting the Constitution through the perceived original intent of its creators.