originalism
noun
orig·i·nal·ism ə-ˈri-jə-nə-ˌli-zəm 
-ˈrij-nə-
US law
: a legal philosophy that the words in documents and especially the U.S. Constitution should be interpreted as they were understood at the time they were written
Some judges believe the best way to interpret the Constitution … lies in an approach called originalism. The judges who follow this approach look to history to discover what those who wrote the Constitution most likely thought about the content and scope of a constitutional phrase, and they interpret the phrase accordingly.
Stephen Breyer
Stephen BreyerThe main point of originalism, which has driven conservative legal theory for a generation, is that the Constitution does not evolve. Garrett Epps
compare textualism Garrett Epps originalist
ə-ˈri-jə-nə-list
adjective -ˈrij-nə-
an originalist judge
But White does not usually subscribe to the originalist school of interpretation which sacralizes the Founding Fathers and the text of the Constitution as the fount of wisdom. Rhonda Copelon
Rhonda Copelon originalist noun
plural originalists
Originalists attempt to discern the original meaning of a legal document—most frequently the Constitution. Marc O. DeGirolami
Marc O. DeGirolami 
Example Sentences
Recent Examples on the Web How the scourge of originalism is taking over the Supreme Court. Elvia Limón, Los Angeles Times, 7 Sep. 2022 Alito adopted a more elastic form of originalism which has allowed him, with plodding consistency, to arrive at results that a loyal Republican would prefer. Margaret Talbot, The New Yorker, 28 Aug. 2022 The 23-page opinion leaned heavily on originalism, the conservative legal theory that judges should interpret the Constitution based on the way it was understood when it was written. Derek Hawkins, Washington Post, 26 Aug. 2022 In addition, the Miami Herald published more than 200 slides used in the seminar According to the newspaper, many of these slides showed that the civics training often promoted conservative principles, such as constitutional originalism. Molly Stellino, USA TODAY, 22 Aug. 2022 Conservatives don’t always agree on how originalism should be applied. Emma Green, The New Yorker, 24 July 2022 Still, other critics believe that originalism, even when applied in good faith, often has unacceptably harmful consequences. Emma Green, The New Yorker, 24 July 2022 But the rise of originalism has made historical analysis increasingly prominent. Henry Gass, The Christian Science Monitor, 11 July 2022 In overturning Roe, the Supreme Court relied on originalism, a legal philosophy embraced by conservatives. John Fritze, USA TODAY, 5 July 2022 See More
Elvia Limón, Los Angeles Times, 7 Sep. 2022 Alito adopted a more elastic form of originalism which has allowed him, with plodding consistency, to arrive at results that a loyal Republican would prefer. Margaret Talbot, The New Yorker, 28 Aug. 2022 The 23-page opinion leaned heavily on originalism, the conservative legal theory that judges should interpret the Constitution based on the way it was understood when it was written. Derek Hawkins, Washington Post, 26 Aug. 2022 In addition, the Miami Herald published more than 200 slides used in the seminar According to the newspaper, many of these slides showed that the civics training often promoted conservative principles, such as constitutional originalism. Molly Stellino, USA TODAY, 22 Aug. 2022 Conservatives don’t always agree on how originalism should be applied. Emma Green, The New Yorker, 24 July 2022 Still, other critics believe that originalism, even when applied in good faith, often has unacceptably harmful consequences. Emma Green, The New Yorker, 24 July 2022 But the rise of originalism has made historical analysis increasingly prominent. Henry Gass, The Christian Science Monitor, 11 July 2022 In overturning Roe, the Supreme Court relied on originalism, a legal philosophy embraced by conservatives. John Fritze, USA TODAY, 5 July 2022 See More Word History
Etymology
original entry 2 + -ism
First Known Use
1980, in the meaning defined above