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Concept
Original meaning
Résumé
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.
Original meaning is a formalist theory, and a logical extension of textualism. Textualists believe that a statute means whatever the plain meaning of its words is, as opposed to other potential meanings, such as what those who drafted the law or voted for it intended it to say. Formalists would point out that it is unnecessary for any member of the legislature to share the intentions of any other member of the legislature, or even to have a particular intent; what counts is their vote, just as if a voter enters a polling station while inebriated, and indicates a preference for the wrong candidate, their vote will count as a vote for the person they indicated on the ballot paper, not for the candidate for whom they intended to vote before they started drinking. Likewise, even if not a single member of the legislature has read and comprehended the effect of a given bill (a scenario some critics of the USA PATRIOT Act and Patient Protection and Affordable Care Act allege to have actually occurred during the enactment of these statutes), once it becomes law, it is a law no less or more valid than an identically worded law passed when every member of the legislature is of the same mind and understanding regarding its meaning and effect. This being the case, it is the text of the law which governs.
An originalist inquiry into the original meaning of the Constitution is able to cast a much broader net than an inquiry into the original intent.
Source officielle
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