# 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.
- Title: Originalism: Why it's the most democratic Supreme Court…
- Summary: Originalism offers the most democratic path for Supreme Court decisions by letting the people decide constitutional changes. Originalism ensures…
- Keywords: originalism, us constitution, supreme court, judges, amendment process, rode v wade, clarence thomas, amy coney barrett, antoin scalia, earl warren, science, ideas
- Source: The Conversation — https://theconversation.com/originalism-what-it-is-what-it-isnt-and-why-its-the-most-democratic-option-for-the-supreme-court-291115
- Author: Brian Fitzpatrick
- Read time: 1 min
- Topics: originalism, us constitution, supreme court, judges, amendment process, rode v wade, clarence thomas, amy coney barrett, antoin scalia, earl warren, science, ideas
## 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.
## Key takeaway

Originalism ensures constitutional changes require popular approval through amendments, making it more democratic than judicial reinterpretation.