Information om | Engelska ordet ORIGINALISM

Exempel på hur man kan använda ORIGINALISM i en mening

• While commonly confused with textualism or originalism, they are not the same, and in fact frequently contradict, as textualists like Antonin Scalia have noted.
• Napolitano's philosophy generally leans towards strong originalism while not accepting the limitations of the older types of originalism espoused by Robert Bork and Justice Antonin Scalia concerning the Constitution's open-ended provisions like the Ninth Amendment.
• It is frequently used as a synonym for originalism; while original intent is one theory in the originalist family, it has some salient differences which has led originalists from more predominant schools of thought such as original meaning to distinguish original intent as much as legal realists do.
• " The magazine Washington Monthly described the difference between textualism and originalism at the end of December 2023 in this way with respect to the United States Supreme Court: "The Court’s conservative majority says it adheres to the doctrinal trail of the late Justice Antonin Scalia, who was a textualist (What are the words used by the framers?) and an originalist (What was society’s original understanding then as to what those words mean?).
• Underdeterminacy is crucial to originalism, because it creates an important question of what an originalist judge should do in cases of underdeterminacy; different scholars and judges have proposed various alternatives, ranging from using tradition to fill in the gaps (Scalia) to disempowering the judge to rule (Bork, Strang).
• Gorsuch is a proponent of textualism in statutory interpretation and originalism in interpreting the United States Constitution.
• In an article in The Atlantic in March 2020, Vermeule suggests that originalism – the idea that the meaning of the American Constitution was fixed at the time of its enactment, which has been the principal legal theory of conservative judges and legal scholars for the past 50 years, but which Vermeule now characterizes as merely "a useful rhetorical and political expedient" – has outlived its usefulness and needs to be replaced by what he calls "common-good constitutionalism".
• Purposivism in the United States is considered a strain of originalism, alongside textualism and intentionalism.
• During her allotted time, Democrat Amy Klobuchar pressed Gorsuch on what she viewed as his "selective originalism," observing that Gorsuch, who self-identifies as an originalist, had not consistently interpreted legal texts, including the Constitution, by the original public meaning that they would have had at the time that they became law.
• According to the New York University Journal of Law & Liberty, The Originalist depicts Cat as counter-clerk as a "ceaseless sparring partner" who advocates living constitutionalism; in reality, however, Scalia's counter-clerks typically were not tasked with convincing him originalism was wrong but instead had the responsibility to "help assure that he was the best, truest, most straight-shooting originalist and textualist he could be", in the words of one of his former clerks.
• These include arguments that the major questions doctrine is a symptom of "judicial self-aggrandizement," that it is inconsistent with both textualism and originalism, and that it is at odds with normal tools of statutory interpretation.

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