Originalism in constitutional interpretation is the view that the meaning of a written constitution is (or should be) consistent with the meaning as it was originally understood by those who drafter and/or ratified the constitution. Originalism is especially prominent in connection with controversies over the interpretation of the United States Constitution.
Table of contents |
2 The Case for Originalism 3 Criticisms of Originalism 4 Related Entries |
Originalism is actually a family of related views. One form of originalism emphasizes the original intentions of those who drafted the constitution. In the American context, this would be the group that drafted the United States Constitution at the constitutional convention in Philadelphia. Another form of originalism emphasizes the original meaning of the constitution as it would have been understood by ordinary citizens in the historical period during which the constitution was proposed, ratified, and first implemented. Some originalists emphasize the original intention with respect to particular practices, while others focus on general principles.
Many different arguments have been made for originalism. Among them are the following:
Originalism in its various forms has been criticized in a variety of ways. Among the important criticisms are the following:
Varieties of Originalism
The Case for Originalism
Criticisms of Originalism
Related Entries