originalism


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Words related to originalism

the belief that the United States Constitution should be interpreted in the way the authors originally intended it

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The second-best originalism I will apply in this Note creates an objective criterion separate from a judge's policy preferences and respects democratic decisionmaking.
Originalism has thus become a tool not for conserving the past but for retrospectively justifying each progressive victory.
In acknowledging the appeal of the contending positions, scholars and judges have staked out and criticized a variety of compromise formations, including "living originalism," (4) "faint-hearted originalism," (5) and versions of "democratic constitutionalism" in which the demos is conceived of as arguing over the meaning to be given today to the inherited text of fundamental law.
The primary purpose of originalism, Scalia argued, is to dissuade judges from reading their personal understandings of what is fair, good, and just into the vague phrases of the Constitution.
interpretation is especially strong among proponents of originalism.
18) To this extent, there is no inherent or necessary incompatibility between modern originalism and "living constitutionalism", (19) so long as the latter occurs within the communicative scope of the text as originally intended or understood.
The logic of originalism might lead to some unpalatable results.
analysis supports particular versions of constitutional originalism.
By appreciating the differences among these three core concepts, we can see that opponents of textual originalism have much more room to maneuver, and with much more plausibility, than Scalia recognizes.
After all, there was Scalia, the Court's foremost advocate of originalism, falling back on questionable precedents while refusing to consider the originalist arguments that were properly presented before him in a major constitutional case.
MDL&Q's study is valuable precisely because it makes clear what is always at work in original public meaning originalism.
For the relevance of Dawson's work to the originalism debate, see Jack N.
Originalism was Scalia's core ideological commitment, the idea that the Constitution should be interpreted as it was understood at the time of its ratification.
Appointed by US President Ronald Reagan in 1986, Scalia championed textualism and originalism with such brilliance and insight that the living constitution theory is properly now being questioned and further scrutinized.
In this paper I argue that their solution of Frege's Identity Puzzle (Frege 1892) is implausible, because Originalism fails to explain the difference in cognitive significance which Frege took to be the puzzling explanandum.