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1[mass noun] The principle or belief that the original intent of an author should be adhered to in later interpretations of a work.
- 1.1US Law
The judicial interpretation of the constitution which aims to follow closely the original intentions of those who drafted it.
- ‘Yet originalism frequently fails at its own game of suppressing subjectivity and individual judicial discretion.’
- ‘Indeed, even people inclined to agree with him find his diatribe against originalism wanting.’
- ‘Whether Gore, cynically, committed himself to originalism to make some political hay is quite besides the point.’
- ‘In the judicial realm, originalism is an intellectual backstop for conservative social policies.’
- ‘In order to show that the Justice was exaggerating the history of originalism, the original story contained some questionable claims.’
- ‘But when the logical outcome of originalism is contrary to his goals, originalism goes right out the window.’
- ‘This, however, was not the first time that originalism had surfaced on the American political scene.’
- ‘On his blog today, he includes a reposting of a message he sent to a constitutional law listserv concerning Supreme Court Justice Antonin Scalia and his concept of originalism.’
- ‘What originalism does do is establish objective parameters for analyzing most constitutional questions that arise.’
- ‘It is about whether originalism is the only touchstone of legitimate constitutional interpretation.’
- ‘Thus, I conclude, adherents of textualism and originalism should recognize the time limit in the Recess Appointments Clause as a matter of constitutional law.’
- ‘Nor can they claim that Lochner violates the original meaning of the Fourteenth Amendment, since these legal analysts by and large reject originalism altogether.’
- ‘Acceptance of originalism, it is charged, would necessitate the reversal of crucially important landmark decisions and thereby provides a reduction ad absurdum of originalism.’
- ‘I know the subject of constitutional interpretation in general - and originalism in particular - is very complicated.’
- ‘Still, originalism is the only jurisprudence fully compatible with our form of government.’
- ‘This is fitting, as originalism has more in common with biblical exegesis than any responsible form of judicial decision-making.’
- ‘Of course, none of this means that Stevens was right or wrong, or that originalism is a good or bad tool for understanding the constitution.’
- ‘Only a commitment to originalism provides a solid foundation for constitutional adjudication.’
- ‘But when it comes to the race cases before the Supreme Court, too many conservatives abandon both originalism and judicial restraint.’
- ‘Liberals wouldn't even claim to support supply side economics, originalism, or small government.’
- 1.1US Law
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