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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.
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.
Judicial interpretation; Forms; Constitutional interpretation; Statutory interpretation; General rules of interpretation; Plain meaning rule; Mischief rule; Golden rule; General theories of interpretation; Living Constitution / Living tree / Living instrument; Originalism (original meaning) Original intent (legislative intent, legislative ...
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 ...
This template is placed at the bottom of the Timeline of United States history articles to aid navigation in the series.. This template's initial visibility currently defaults to autocollapse, meaning that if there is another collapsible item on the page (a navbox, sidebar, or table with the collapsible attribute), it is hidden apart from its title bar; if not, it is fully visible.
The Republic of Panama declares its independence from the Republic of Colombia, November 3, 1903 United States Marines occupy region around proposed canal, November 4, 1903 – January 21, 1914 The United States and the Republic of Panama sign the Hay–Bunau-Varilla Treaty , November 18, 1903
Opponents of the doctrine tend to use the term as an epithet synonymous with "judicial activism" (itself a hotly-debated phrase). However, just as some conservative theorists have embraced the term Constitution in Exile , which similarly gained popularity through use by liberal critics, textualism was a term that had pejorative connotations ...