In the context of United States constitutional interpretation, original meaning is the dominant form of the legal theory of originalism today. It was made popular by Supreme Court Justice Antonin Scalia and contends that the terms of the United States Constitution should be interpreted as meaning what they meant when they were ratified, which is to say, it asks the question: "What would a reasonable person living at the time of ratification have understood these words to mean?"
The theory stands in equal opposition to interpretivist theories such as original intent, and legal realist theories such as that of the Living Constitution.
Famous quotes containing the words original and/or meaning:
“That Calvinistic sense of Innate Depravity and Original Sin, from whose visitations, in some shape or another, no deeply thinking mind is always and wholly free. For, in certain moods, no man can weigh this world, without throwing in something, somehow like Original Sin, to strike the uneven balance.”
—Herman Melville (1819–1891)
“To summarize the contentions of this paper then. Firstly, the phrase ‘the meaning of a word’ is a spurious phrase. Secondly and consequently, a re-examination is needed of phrases like the two which I discuss, ‘being a part of the meaning of’ and ‘having the same meaning.’ On these matters, dogmatists require prodding: although history indeed suggests that it may sometimes be better to let sleeping dogmatists lie.”
—J.L. (John Langshaw)