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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 Myth of Judicial Activism: Making Sense of Supreme Court Decisions (Yale University Press Publishers), 272pp. ISBN 0-300-11468-0; James B. Kelly, July 30, 2006. Governing With the Charter: Legislative And Judicial Activism And Framer's Intent (Law and Society Series) (UBC Press Publishers), 336pp. ISBN 0-7748-1212-5; Rory Leishman, May 2006.
The Republican majority of the U.S. Supreme Court tells us they are “originalists” — interpreting the U.S. Constitution based on what it meant as originally written.
The conservative Supreme Court's favorite judicial philosophy requires a very, very firm grasp of history — one that none of the justices seem to possess. The Supreme Court’s Faux ...
An originalist method would begin with the text of the Constitution, but the Court doesn’t cite the text because there is no mention of immunity, and the justices don’t cite any of the debates ...
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.
Largely associated with Cass R. Sunstein, it is a viewpoint which criticizes the more conservative stance of originalism as being judicial activism in disguise. Minimalists believe that a faithful application of originalist theory would result in a system of constitutional law in which modern societal standards would be ignored, in favor of the now-antiquated opinions held by the Founding ...
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 ...