originalism

American  

[uh-rij-uh-nl-iz-uhm] / əˈrɪdʒ ə nlˌɪz əm /

noun

Law.

1. the doctrine that a legal document or statute should be interpreted by determining its original meaning, or how it would have been understood by informed readers when it was first written.

2. the doctrine that a legal document or statute should be interpreted according to the actual or supposed intent of the author or authors, taking into consideration the historical context.

3. either of these doctrines in reference to legal interpretations of a constitution, especially the U.S. Constitution.

   Judges who disagree with judicial activism, such as Justice Antonin Scalia, tend to embrace originalism.

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Other Word Forms

Derived Forms

• originalist
  noun

Etymology

Origin of originalism

First recorded in 1980–85; original ( def. ) + -ism ( def. )

Explanation

In U.S. politics, originalism is the belief that the Constitution should be followed in the exact way it was intended at the time it was written, nearly 250 years ago. According to originalism, the Constitution's meaning can't be adapted to modern life without new amendments. Instead, originalists say the document's original intent must be interpreted, and that legal decisions should be based on the way the Constitution would have been understood in 1787. Today, originalism is usually associated with conservative politics. Originalism is from original and its Latin source, which means "beginning or birth."

Example Sentences

Advocates of originalism say this sort of backward-looking reasoning is the only way to prevent modern judges or legislatures from abridging individual rights ratified in the Constitution.

From The Wall Street Journal • Jun. 10, 2026

This is well-trod philosophical ground — referencing “negative” and “positive” rights, natural law and all the usual back and forth about originalism and whether the Constitution is living or static.

From Salon • Apr. 19, 2026

In fact, he’s made fun of originalism before.

From Slate • Feb. 13, 2026

That seems odd: Scalia’s entire judicial career, promoting originalism and textualism for constraining judicial activism, stands in opposition to the judicial mindset pioneered in Griswold.

From The Wall Street Journal • Oct. 10, 2025

Dahlia Lithwick: Justice Gorsuch had a good bit to say about originalism this week.

From Slate • Aug. 7, 2024