Originalism is a method of constitutional and statutory interpretation. Most Originalists assert that legal text should be interpreted based on the original understanding at the time of adoption, while some also incorporate original intent. Originalists object to the idea of Judicial activism and other significant legal evolution being driven by judges misusing the common law framework. Instead, Originalists argue for democratic modifications of laws through the Legislature or through Constitutional amendment.
Scene at the Signing of the Constitution of the United States by Howard Chandler Christy
Supreme Court Justice Antonin Scalia (pictured) was a firm believer in originalism.
The Living Constitution, or judicial pragmatism, is the viewpoint that the U.S. constitution holds a dynamic meaning even if the document is not formally amended. The Constitution is said to develop alongside society's needs and provide a more malleable tool for governments. The idea is associated with views that contemporary society should be considered in the constitutional interpretation of phrases. The Constitution is referred to as the living law of the land as it is transformed according to necessities of the time and the situation. Some supporters of the living method of interpretation, such as professors Michael Kammen and Bruce Ackerman, refer to themselves as organists.
United States Supreme Court
The Warren Court, led by Chief Justice Earl Warren, is recognized as having dramatically expanded civil liberties protected under the Constitution.
Chief Justice William Rehnquist criticized the notion of a Living Constitution.