Glossary O

Originalism

A theory of constitutional interpretation asserting that the Constitution should be interpreted based on the original public meaning of the text at the time it was adopted, rather than adapting to modern values.

A theory of constitutional interpretation asserting that the Constitution should be interpreted based on the original public meaning of the text at the time it was adopted, rather than adapting to modern values.

Example: Justice Antonin Scalia was a prominent originalist, frequently arguing that the Eighth Amendment’s ban on ‘cruel and unusual punishment’ should be judged by 18th-century standards, not evolving societal norms.

Common misconception: Originalism means the Constitution can never change. Originalists believe the text’s meaning is fixed, but they acknowledge that the Constitution can be changed through the formal Article V amendment process, not through judicial reinterpretation.

Sources: https://www.britannica.com/ — encyclopedia fallback: "originalism" is a theory of interpretation with no official government definition; Britannica covers it as a concept; https://www.supremecourt.gov/about/justices/ — supremecourt.gov, Justice Scalia's service record (the example's official anchor)