Originalism Flashcards
What is the underlying jurisprudence for Originalism?
Legal positivism
Originalism law looks ___ to precedent
backwards
Puts heavy emphasis on the ____ of law
Efficient cause of law
In Originalism, how should human nature be understood?
in the terms of what is stated in the Constitution & the Bill of Rights
What is the judge’s compass & rudder under Originalism?
the text
What is Originalism ultimately based on?
basic inclinations/goods of human nature common to every human being
What is the Originalism consensus in the trust of these basic inclinations/goods of human nature & the necessary conclusions that follow?
Provides a dynamic objective foundation for human law from the transcendent perspective of natural justice guided by participatory theonomy/a sub-creation
“We the ____”
“We the People back then”
Who is the shaping of new societal customs & popular attitudes left to based on Originalism?
The legislature
What is Vermeule’s definition for Originalism?
the view that constitutional meaning was fixed at the time of the Constitution’s enactment
What does Culbreath add to Vermeule’s definition of Originalism?
the practice of jurisprudence ought to be narrowly constrained by that original constitutional meaning, it claims a strict adherence to the original meaning of the American founding documents
What is Original Intent Originalism?
The core tenant of Originalism requires judges to ascertain & give effect to the original intention of the framers & ratifiers of the Constitution
What judge supports Original Intent Originalism?
Bork
What is Original Meaning Originalism?
What people at the time of the Constitution was promulgated understood it to mean
What judge supports Original Meaning Originalism?
Scalia
