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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.
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 ...
The current majority originalist U.S. Supreme Court is a far cry from the mid-20th century Warren Court that interpreted a "living" Constitution.
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.
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.
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 ...
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.
Vermeule's writings focus on constitutional law, administrative law, and the theory of institutional design. He has authored or co-authored nine books. [8] He teaches administrative law, legislation, and constitutional law. In 2015, Vermeule co-founded the book review magazine The New Rambler. [9] Vermeule became a contributing editor to ...