What Are The Arguments Against Originalism

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Originalism While both sides around the interpretation of the U.S. constitution have their arguments, in my opinion originalism stands out as the correct approach on its interpretation. I think we should interpret the constitution based on what it was meant to be written for, at least for the most part. I feel originalism is important as it keeps things steady, predictable, and fair in the U.S. legal system. As we explore the topic further, we will see why originalists like Antonin Scalia and Clarence Thomas make a fair argument as to why originalism helps prevent judges from making decisions based on their own beliefs. With originalism, we can stay true to the constitution and make sure our legal system is fair to everyone. In my opinion, Originalism is needed to respect the democratic process. …show more content…

If Congress were to be changed, in my opinion it should be done by the will of the people, through their elected representatives. The constitution could be amended with several branches of Congress approving it, but any attempt from a single branch alone violates the balance of power.In my opinion I do agree with this perspective as if the constitution were to be changed, it should be done through the amendment process and not done through a different perspective of a member of the Supreme Court, who has a lot of influence on the interpretation of the constitution. Moving on, from the principles of Originalism, my next argument will be around how originalism promotes a stable and predictable legal system in the U.S. Government. Stability is a crucial part of the legal system as it ensures that laws are applied consistently over

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