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One argument in support of the concept of a "Living Constitution" is the concept that the Constitution itself is silent on the matter of constitutional interpretation. Proponents assert that the Constitution's framers, most of whom were trained lawyers and legal theorists, were certainly aware of the debates and would have known the confusion ...
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.
"At this point at this Supreme Court, originalism is a dead letter, to be resurrected and employed only when it suits the court's purposes," said Michael Luttig, a conservative former federal judge.
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.
Amending the Constitution is enormously difficult, but not impossible. Although amendments have been rare in recent decades, there have been times in American history when they have been more common.
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 ...