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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.
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 court, which has a 6-3 conservative majority, was unanimous in ruling that Section 3 of the Constitution’s 14th Amendment cannot be enforced by states, but critics were quick to point out ...
The current majority originalist U.S. Supreme Court is a far cry from the mid-20th century Warren Court that interpreted a "living" Constitution.
Progressives must embrace the Constitution's limits on governmental power, including federalism and separation of powers, in order to defend the nation's foundational charter and prevent the ...
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 ...
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.
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