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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.
The legal argument that Trump could be barred from the ballot had been promoted in part by two ... who leads the Center for the Study of Constitutional Originalism at the University of San Diego ...
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.
"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.
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 ...
Thus, although the Supreme Court’s conservative majority claims to be faithful to the idea of originalism—that is, identifying the meaning of constitutional provisions at the time they were ...
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.
Scalia, considered the Supreme Court's most provocative member, advocated Constitutional originalism, interpreting the Constitution through the perceived original intent of its creators.