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Arguably the original meaning of some provisions of the Constitution (e.g., the Ninth Amendment) contemplates constitutional rights that exist independent of the text, and thus the drafters contemplated that interpreters of the Constitution would consider sources of meaning outside of the text and historical sources from the time of the Founding.
Originalism is a method of constitutional and statutory interpretation. Originalists assert that legal text should be interpreted based on the original understanding at the time of adoption. Originalists object to the idea of the significant legal evolution being driven by judges in a common law framework and instead favor modifications of laws ...
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What is the original public meaning approach to constitutional interpretation?
Originalism is a theory of the interpretation of legal texts, including the text of the Constitution. Originalists believe that the constitutional text ought to be given the original public meaning that it would have had at the time that it became law. The original meaning of constitutional texts can be discerned from dictionaries, grammar ...
Id. Originalists, however, generally agree that the Constitution’s text had an objectively identifiable or public meaning at the time of the Founding that has not changed over time, and the task of judges and Justices (and other responsible interpreters) is to construct this original meaning. 3 Footnote Id.
Oct 24, 2020 · Originalists interpret the Constitution with its original meaning; textualists interpret statutes with their original meanings. Same method, different texts.
- Ilan Wurman
The original meaning of the constitutional text can be discerned from the most likely ideas of the text by the framers of the Constitution, or inferred from background events, public debates, relevant dictionaries, and other legal documents of that time. U.S. Supreme Court Justice Antonin Scalia was a well-known proponent of originalism. This ...
