Introduction
In the context of United States law, originality is a concept regarding the interpretation of the Constitution, which states that all statements are factual. This concept sees the Constitution as stable from the moment of its adoption. Originalism has a reverse concept, the concept of living constitutionalism. The main argument that originalism is better than living constitutionalism is that originalism is unbiased and honest about anyone.
Identification of the Advantage of Originalism
In order to prove an argument, it is necessary to delve into its very essence. Originalism is the principle that the Constitution means no more or less than what it meant to those who wrote it (Harrison et al. 521). This is its impartiality; this statement means the constancy of human nature. Presented as the opposite of those who recognize the Constitution as a living document, originalists interpret the Constitution as something that might change (Harrison et al. 522).
Thus, being the complete opposite, living constitutionalism might allow the use of changes for selfish purposes. Originalists try to interpret the constitutional language based on the time, culture, and norms of its writing (Solum 1281). Following these principles in the operation of the constitution will allow fair justice. The concept of originalism includes the theory of justice, as fairness, as the best concept of justice (Sawyer 210). Thus, originalism is a more genuine concept, which is most important in jurisprudence.
Conclusion
After analyzing the concepts of originalism and the principle of a living Constitution, one can conclude that originalism is still better than the latter. Despite this, one should not deny the so-called universality of living constitutionalism since, in some situations, even a Constitution cannot make the right decision. Both principles have the right to life, but originalism still has a solid advantage over the latter.
Works Cited
Harrison, Brigid C., et al. American Democracy Now. McGraw-Hill Education, 2022.
Sawyer, Logan E. “Principle and Politics in the New History of Originalism.” American Journal of Legal History, vol. 57, no. 2, 2017, pp. 198–222. Web.
Solum, Lawrence B. “Originalism versus Living Constitutionalism: The Conceptual Structure of the Great Debate.” SSRN Electronic Journal, vol. 113, no. 6, 2019, pp. 1244–1286. Web.