originalisme

Originalism is a philosophy of constitutional interpretation that states the Constitution should be interpreted based on the original understanding of its text and the intentions of its framers. This understanding can be divided into two main branches: original intent and original public meaning. Original intent focuses on what the specific people who drafted and ratified the Constitution intended. Original public meaning, on the other hand, argues that the Constitution should be interpreted according to how ordinary people at the time of its ratification would have understood its words.

Proponents of originalism believe it provides a stable and objective method for interpreting the Constitution, preventing judges from imposing their own political views. They argue that it limits judicial discretion and upholds the democratic process by ensuring that changes to the Constitution are made through formal amendment rather than judicial reinterpretation. Originalists often look to historical documents, debates, and legal precedents from the Founding era to ascertain the original meaning.

Critics of originalism argue that it is difficult, if not impossible, to ascertain a single, coherent original intent or public meaning. They contend that the framers themselves may have had differing views, and that the meaning of words and concepts can evolve over time. Critics also point out that applying an 18th-century understanding to modern issues may lead to unjust or impractical results, and that it can hinder the Constitution's ability to adapt to a changing society. They suggest that a living Constitution approach, which allows for interpretation to evolve with societal values, is more appropriate.