From The Conversation · Brian Fitzpatrick · · 1m 20s
Originalism: Why it's the most democratic Supreme Court approach
Originalism offers the most democratic path for Supreme Court decisions by letting the people decide constitutional changes.
In brief
Originalism offers the most democratic path for Supreme Court decisions by letting the people decide constitutional changes. Originalism ensures constitutional changes require popular approval through amendments, making it more democratic than judicial reinterpretation. Originally reported by The Conversation.
Quick answers
- What is originalism?
- Originalism interprets the U.S. Constitution as meaning what people intended when writing it, not reinterpreting it for modern needs.
- What is the key takeaway from Originalism: Why it's the most democratic Supreme Court approach?
- Originalism ensures constitutional changes require popular approval through amendments, making it more democratic than judicial reinterpretation.
What is originalism?
Originalism interprets the U.S. Constitution as meaning what people intended when writing it, not reinterpreting it for modern needs.
“Originalism is the lesser evil.”
Why originalism matters now
Most current Supreme Court justices follow originalism, including Amy Coney Barrett, a former law clerk to Antonin Scalia.
Myth: Constitution can't change
Originalists believe the Constitution can change only through the amendment process, not judicial reinterpretation.
Myth: Originalism favors conservatives
Originalists have ruled against their own beliefs, like Scalia upholding flag burning laws despite personal opposition.
Why originalism is democratic
Originalism requires the people to amend the Constitution, making it more democratic than unelected judges reinterpreting laws.
Criticism of originalism
Originalists struggle to determine what people meant when writing the Constitution due to historical ambiguity and vague language.
Originalism's democratic challenge
Originalism faces criticism for relying on a Constitution written when Black people and women couldn't vote, yet it claims to be democratic.
Why originalism remains popular
Originalism is gaining traction among Supreme Court justices, lower court judges, and law professors despite internal disagreements.
The bottom line
Originalism ensures constitutional changes require popular approval through amendments, making it more democratic than judicial reinterpretation.
