13,315 views
21 votes
21 votes
What does it mean to use the “Original Meaning” form of Originalism as your method for interpreting vague/ambiguous wording in the law? explain at least one advantage and at least one disadvantage of using this philosophy.

User Ambarish Chaudhari
by
3.0k points

2 Answers

20 votes
20 votes

Final answer:

Interpreting laws using the Original Meaning form of Originalism means adhering to the Constitution's framers' intentions. The advantage is legal stability, while the disadvantage is potential rigidity in addressing modern issues.

Step-by-step explanation:

Using the Original Meaning form of Originalism as a method for interpreting laws implies adhering to the intended meanings of the Constitution's framers at the time they drafted the document. This philosophy utilizes the text and historical documents like The Federalist Papers to understand the Constitution.

  • Advantage:

One advantage is that it seeks to provide stability and predictability in the law, by adhering to the Constitution's original language and intent, thus preventing arbitrary interpretations.

  • Disadvantage:

A disadvantage is that it might not adequately address contemporary issues or the evolution of society, as the framers could not have foreseen modern challenges, resulting in potential rigidity and outdated applications of the law.

User Divyanshu Bhargava
by
3.0k points
23 votes
23 votes

Answer:

1 : of, relating to, or constituting an origin or beginning : initial the original part of the house.

2a : not secondary, derivative, or imitative an original composition. b : being the first instance or source from which a copy, reproduction, or translation is or can be made.

User Esteban Vega
by
3.3k points