Words similar to originalism
Example sentences for: originalism
How can you use “originalism” in a sentence? Here are some example sentences to help you improve your vocabulary:
Historian Leonard Levy argues that only with the Supreme Court's notorious Dred Scott decision of 1857 was the doctrine of originalism codified.
The massive cover book review praises Justice Antonin Scalia for changing the course of American jurisprudence from "common-law constitutionalism" to "originalism," then blasts him for betraying his own principles: Scalia has abandoned neutrality and now decides cases based on his own political views.
He is especially lauded for his loyalty to "originalism," the theory that the Constitution should be interpreted in accord with original intentions of the framers (as channeled by the judge).
Some of their criticisms are repeated here by legal academics Laurence Tribe and Ronald Dworkin: Scalia's originalism is too glib, because it doesn't distinguish between what the Constitution says and what its framers expected it to do ; too malleable, because it merely substitutes the guesswork of historians for the musings of moral philosophers; too value-laden, because it imputes an anti-evolutionary purpose to the Constitution.
This argument--that judges only use originalism to dispute decisions they don't like--is as compelling a reason to distrust originalism as any historical reason.