Originalism

Originalism is a method of constitutional interpretation that seeks to apply the meaning the constitutional text had for the public when it was adopted.

Original public meaning: The meaning a legal text would have conveyed to an informed member of the public when adopted. This is the historical meaning originalists treat as the constitution’s interpretive anchor.
Living constitutionalism: An approach that interprets constitutional provisions in light of contemporary conditions and evolving understandings. It permits constitutional meaning to develop in ways originalism generally rejects.
United States Constitution: The supreme law of the United States, establishing the federal government and limiting its powers. Originalism’s modern debates chiefly concern how this text should govern present disputes.
District of Columbia v. Heller: A 2008 Supreme Court decision recognizing an individual right to possess firearms under the Second Amendment. Justice Scalia’s majority opinion used historical evidence to support an originalist reading.
Judicial review: The power of courts to assess whether government actions comply with a constitution. Originalism offers a basis for judging laws against constitutional meaning while limiting judicial discretion.
Constitutional interpretation: The practice of determining what a constitution means and how its provisions apply. Originalism is one method within this broader practice.
Textualism: A method of interpreting legal texts by their ordinary public meaning rather than presumed policy goals. Both prioritize public meaning, but textualism is a broader method not limited to constitutions or historical meaning.
Robert Bork: An American jurist and legal scholar who defended an originalist approach to constitutional adjudication. His 1980s writings helped bring originalism into prominent legal and political debate.
New York State Rifle & Pistol Association, Inc. v. Bruen: A 2022 Supreme Court decision requiring firearm regulations to fit the nation’s historical tradition of regulation. The decision made historical analogies the test for assessing many gun laws.
Constitutional amendment: A formal change to a constitution made through its prescribed amendment process. Originalists often distinguish changing constitutional meaning through amendment from changing it through interpretation.

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