Concept

Originalism

Definition

Originalism is a theory of constitutional interpretation holding that the Constitution should be understood according to the meaning its words carried at the time they were adopted. That fixed meaning, on this view, governs until the text is formally amended.

Most contemporary originalists focus on original public meaning, the sense an ordinary informed reader would have given the text, rather than the private intentions of particular drafters.

Why it matters

How it works

An originalist judge tries to recover what a provision meant when ratified, using sources such as the text itself, dictionaries of the era, drafting history, and early practice. The recovered meaning is then applied to the case at hand.

Critics argue that historical meaning is often uncertain and can be hard to map onto modern circumstances. Defenders respond that any disciplined method beats unguided judicial discretion, and that genuine change should come through the amendment process.

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