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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 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.
The current majority originalist U.S. Supreme Court is a far cry from the mid-20th century Warren Court that interpreted a "living" Constitution.
Americans today are frankly right to be so invested in who wields the now-imperial scepter — a scepter forged and empowered by a century of progressives’ “living constitution” philosophy ...
"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.
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.
Originalism As a Political Practice: The Right's Living Constitution, 75 FORDHAM L. REV. 546-74 (2006) (co-authored with Robert Post) 2005-06 Brennan Center Symposium Lecture, Constitutional Culture, Social Movement Conflict and Constitutional Change: The Case of the de facto ERA, 94 CAL. L. REV. 1323-1419 (2006)
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