Positives and negatives of originalism

Originalism is based on the principle that it is not for the judiciary to create, amend or reject laws. This is a function of the Legislature. The function of the Judiciary is to declare the constitutionality or not of the laws, according to the original intent of the constitutional text and its amendments.

The positive point is that the originialism prevents the judges from interpreting a constitutional concept based on their personal values. In this way originalism guarantees that the judiciary will judge constitutional concepts impartially.

The negative point of originalism is that the judge interprets the constitutional text in its image and likeness, but the Judiciary can not be a positive legislator. That way, if the people come to the conclusion that the constitutional text needs to be changed, the people will have to look for the Congress, which is the representative of the population, not a magistrate, who has gone through a selection.

answer: not really

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