![]() Under our democratic system, the laws have the democratic consent of the people through the legislative process. ![]() ![]() By sticking to the Constitution, the theory prevents judges from having their own personal biases or policy preferences.ĪF/RF: Does democracy require an originalist understanding of the Constitution?ĮM: Yes it does. Therefore, I encourage judges to interpret the Constitution as they would interpret any other legal document like a will or a contract. Critics have misinterpreted my theory by claiming that it requires knowledge of the writers’ intentions, but when I use the phrase original intent, I am looking at the actual words in the Constitution―not whatever the Founders had in their minds. In other words, the theory interprets the Constitution by asking how the society at the time of ratification reasonably understood what the provision meant. They expected that the language of the Constitution would be interpreted as written and that judges would remain within the Constitution in the decision of cases.ĪF/RF: Could you briefly explain your philosophy of “original intent?”ĮM: Yes, although it is probably better expressed as original understanding. He is a leader in conservative thought and has advocated for Constitutional principles throughout his years of public service.Īlex Fasseas & Ryan Frant: Is originalism a relatively new theory in constitutional interpretation?Įdwin Meese III: Originalism actually goes all the way back to the time of the Founders. In 2019, President Trump awarded Meese the Presidential Medal of Freedom. Edwin Meese III was the US Attorney General under Ronald Reagan (1985-1988) and one of the contemporary founders of originalism.
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