Political Dictionary

Originalism

Originalism is an approach that interprets constitutional text according to its original public meaning.

Definition

Originalism is a method of constitutional interpretation that emphasizes how the Constitution’s words would have been understood when adopted. Different originalists may focus on original public meaning, original intent, or historical legal usage.

Why It Matters

It influences debates over judicial power, rights, federal authority, and the legitimacy of constitutional change through interpretation.

How It Works

Judges examine text, historical sources, legal usage, and founding-era context to identify original meaning.

History

Originalist arguments have existed since the founding, though modern originalism developed prominently in the late twentieth century.

Example

A court may study eighteenth-century legal dictionaries to interpret a constitutional phrase.

Common Misconceptions

  • Originalism always produces one clear answer.
  • Originalism ignores precedent entirely.
  • All judges who use history are originalists.