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Why is originalism good?

Updated: 9/17/2019
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Q: Why is originalism good?
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What are the Church Teaching on Originalism?

.Catholic AnswerOriginalism is a way of interpreting the American Constitution. The Church takes no stand on how the United States interprets its constitution.


Must a judge use the Framers interpretation of the US Constitution in ruling in a case?

No. There are a number of theories of constitutional interpretation, of which Originalism is just one. Many justices believe in theories that support the concept of a Living Constitution, or one that evolves to fit the needs of society.


What is it called when the US Supreme Court interprets and applies the Constitution as it stands written and as it is understood by the Framers?

It's not clear what you're asking; however, the practice of attempting to apply constitutional interpretations with what a justice or justices believe was the Framers' inflexible intent is called "Originalism." On the US Supreme Court, Justice Antonin Scalia is an outspoken proponent of Originalism. Critics of this approach are quick to point out there is no real way of knowing what the Framers had in mind, particularly when the document was intentionally left vague and open to interpretation. Originalists tend to be conservative, and to resist the idea of evolving interpretations to fit new societal needs when they arise (the "Living Constitution"). It is important to note that originalist thinking exists only a small number of justices; rarely would the entire Supreme Court apply the same type of interpretation.


Do you think an advocate of judicial restraint would support a narrow interpretation of the constitution or a broad interpretation?

An advocate of judicial restrain would support a narrow interpretation of the Constitution, one that adhered closely to the language of the document and his or her belief about the Framers' original intent. Interpretive ideologies such as textualism, "strict constructionism," and originalism are most often associated with judicial restraint. Contextualism, which attempts to infer intent from content, may also result in judicial restraint; however, the degree of subjectivity implicit in this method can also lend itself to judicial activism.


How did conservative ideas affect the supreme court?

Conservative ideas have influenced the Supreme Court by shaping the interpretation and application of the Constitution. Justices who hold conservative beliefs tend to prioritize originalism (interpreting the Constitution as its framers intended) and judicial restraint (limiting the Court's power to avoid activism). This can result in conservative rulings on issues such as gun rights, religious freedom, and limited government intervention.


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