The second problem with Scalia's use of originalism is that it is opportunistic.    From Wordnik.com.  [Balkinization] Reference

He said originalism is necessary to constrain judges and keep the balance of power in the country.    From Wordnik.com.  [Balkinization] Reference

But, as I said before, take it from a civil trial lawyer: this discussion about originalism is so much hogwash.    From Wordnik.com.  [Balkinization] Reference

Second, the point of conservative originalism is to “restore” the “timeless meaning” the constitution it “always had.”.    From Wordnik.com.  [The Volokh Conspiracy » Cass Sunstein Responds to “Constitution in Exile” Post:] Reference

For example, one of the standard arguments for expectations-based originalism is that it will help constrain judges in a democracy.    From Wordnik.com.  [Balkinization] Reference

Nevertheless, once we recognize the full implications of this distinction, original meaning originalism is fully compatible with living constitutionalism.    From Wordnik.com.  [Balkinization] Reference

I think originalism is more popular with normal citizens because we want the Constitution to be ours, not the effective fiefdom of judges and elite professionals.    From Wordnik.com.  [The Volokh Conspiracy » Cass Sunstein Responds to “Constitution in Exile” Post:] Reference

Jodi: the problem with your definition of activism as the opposite of originalism is that a proper interpretation of the original intent of the framers is subjective.    From Wordnik.com.  [Coyote Blog » Blog Archive » I Am Abandoning the Term “Judicial Activism”] Reference

My personal relationship with originalism is complex, and I don’t want to get into it here.    From Wordnik.com.  [The Volokh Conspiracy » Originalism and Linguistic Questions] Reference

And any attempt to define words via common usages necessarily bleeds over into originalism, which is even further from the document itself.    From Wordnik.com.  [The Volokh Conspiracy » The Sotomayor Vote:] Reference

Maybe that's not "originalism," but I'd call it at least semi-originalism.    From Wordnik.com.  [Balkinization] Reference

You're not fooling anyone with your attempt to strip the term "originalism" of all meaning.    From Wordnik.com.  [Balkinization] Reference

The problem, Trumpit, may be that you think that "originalism" is the theory of "original intent.".    From Wordnik.com.  [Frankly, I thought this AP story called "Scalia Criticizes News Media" was too dull to write about.] Reference

At least some of the Tea Partyers will hold firm for "originalism" or the gold standard or whatever.    From Wordnik.com.  [If GOP wins, expect more obstruction -- Opinion Focus with Eugene Robinson] Reference

Scalia also belongs to a political faction that advances the concept of "originalism" to constitutional debate.    From Wordnik.com.  [Sage Advice From a Supreme Court Justice] Reference

I'm agnostic about whether it counts as a form of "originalism," a form of "living constitutionalism," or both.    From Wordnik.com.  [Balkinization] Reference

The defense lawyer's argument is closely akin to the "originalism" of such conservative Justices as Scalia and Alito.    From Wordnik.com.  [Miles Mogulescu: Sotomayor Hearings are Political Bullsh*t] Reference

But "originalism" ~ or "original intent of the Founders" ~ weakens the very Constitution righties claim to be saving. '.    From Wordnik.com.  [Protecting Our Constitution From Those Who Would 'Save' It] Reference

Ironically, the best recent refutation of conservative "originalism" came from a justice who is no longer on the court.    From Wordnik.com.  [The 'magic' of the Supreme Court's rightward shift] Reference

One of the tenets of "originalism" is that if a right isn't specifically written into the Constitution, it doesn't exist.    From Wordnik.com.  [Where is the Justice?] Reference

If "originalism" is so important - then can we please abolish the Air Force, because the Constitution doesn't allow for it.    From Wordnik.com.  [''The virtues of a bright-line rule surely cannot alone justify regulating constitutional speech."] Reference

Scalia and Thomas are right-wingers who use their "originalism" as a pretext for enforcing their conservative policy preferences!.    From Wordnik.com.  ["We’re going to be in a kind of bog of mixtures of constitutional law, unclear Oregon state law... et cetera."] Reference

Look: you can't just make an argument, label it "originalism," and announce that originalism supports any result an author desires.    From Wordnik.com.  [Judge Richard A. Posner on the D.C. guns case (Heller): "In Defense of Looseness."] Reference

That "originalism" theory doesn't have much room for privacy rights, the right to choose and anything that would protect gays and lesbians.    From Wordnik.com.  [01/13/2006] Reference

They are seeking a justice to challenge the "originalism" of Justices.    From Wordnik.com.  [Bloomberg] Reference

Justice Scalia is roaring back in defense of "originalism," his view that the.    From Wordnik.com.  [TIME.com: Top Stories] Reference

In essence, constitutionalism is the intellectual counterpart and spiritual progeny of the "originalism" movement in jurisprudence.    From Wordnik.com.  [Crooks and Liars] Reference

Keeping Faith also explores why concepts such as "originalism" and "strict construction" are inconsistent with the intent of the framers.    From Wordnik.com.  [American Constitution Society -] Reference

Does "originalism" have any real meaning in constitutional law any more, or is it just the right to hock a loogie at people you don't like?.    From Wordnik.com.  [The Nation: Top Stories] Reference

But Judge Roberts said, you know, he doesn't really believe in originalism.    From Wordnik.com.  [CNN Transcript Sep 14, 2005] Reference

But the regressive implications of originalism are only one part of the story.    From Wordnik.com.  [Nan Aron: Justice Scalia Pulls Out the Old "I'm With Stupid" T-Shirt] Reference

I said, which of these philosophies do you subscribe to, originalism, strict construction?.    From Wordnik.com.  [CNN Transcript Sep 14, 2005] Reference

How exactly does that jibe with limited government and all that constitutional originalism?.    From Wordnik.com.  [Joshuah Bearman: The Tyranny of the Detainee Bill] Reference

As even Ronald Reagan's Solicitor General Charles Fried has written, the objections to originalism are "devastating.".    From Wordnik.com.  [Nan Aron: Justice Scalia Pulls Out the Old "I'm With Stupid" T-Shirt] Reference

Bork, you might recall, was booed and hissed off the American stage precisely because of his ardent defense of originalism.    From Wordnik.com.  [Nan Aron: Justice Scalia Pulls Out the Old "I'm With Stupid" T-Shirt] Reference

In the course of the segment viewers got a good look at Scalia's dangerous constitutional jurisprudence, something he calls "originalism.".    From Wordnik.com.  [Kathryn Kolbert: Justice Scalia: Mired in the 18th Century] Reference