Originalism

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. Instead, originalists argue for democratic modifications of laws through the legislature or through constitutional amendment.^[1]

Originalism consists of a family of different theories of constitutional interpretation and can refer to original intent or original meaning.^[2] Critics of originalism often turn to the competing concept of the Living Constitution, which asserts that a constitution should evolve and be interpreted based on the context of current times.^[3][4] Originalism should not be confused with strict constructionism.^[5]

Contemporary originalism emerged during the 1980s and greatly influenced American legal culture, practice, and academia.^[6] Over time originalism gained mainstream acceptance.^[7] As liberal justices and legal scholars have started to embrace the judicial philosophy, once exclusively associated with conservatives, it has become the leading judicial philosophy in the United States.^[8][9]