originalism

[uh-rij-uh-nl-iz-uhm]

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.

Other Word Forms

• originalist noun

Word History and Origins

Origin of originalism¹

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

Example Sentences

The new majority reads the Constitution as an expression of enduring principles, which maintain their historical meaning unless the American people collectively decide to amend the document, an approach known as originalism.

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In addition to his crypto chops and avowed support for constitutional originalism, he has been an ardent defender of religious liberty and an opponent of affirmative action.

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The court has not followed originalism in equal protection law ever since Brown v.

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"There's growing consensus among originalists among all different stripes that the Roberts Court conservatives are not serious about methods and not serious about originalism," Shugerman said.

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But in characterizing originalism as a “trap” and situating it historically, Dennie's analysis cuts deeper into the harm caused by originalist doctrine, without sacrificing nuance, rigor or scope.

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