last updated 28 Aug 2025

The contemporary theory of originalism gained prominence in the 1970s and 1980s as a conservative reaction to the liberal judicial decisions of the Warren Court and beyond, with key articulations from scholars like Robert Bork.

Originalist interpretation is a theory of constitutional law that holds the meaning of a legal text should be the same as its original public meaning when it was adopted. To determine this meaning, originalists consult historical context, such as public debates, background legal events, and contemporaneous dictionaries. This approach contrasts with living constitutionalism, which posits that the Constitution's meaning can evolve with society.

I think the Second Amendment interpretation in the 2008 decision for District of Columbia vs Heller is a good example.
The Court examined the original public meaning of the text and historical context to conclude that the Second Amendment protects an individual's right to possess a firearm for self-defense, a right not tied to militia service.

Originalist analysis in Heller
In his majority opinion for the 5-4 ruling, Justice Antonin Scalia used the following originalist reasoning to strike down D.C.'s handgun ban:

Counter-arguments and debate
Originalism is a debated method of constitutional interpretation, and the Heller decision illustrates the disagreement surrounding its application.

Reinforcement in Bruen

Links:
How do Originalists interpret the meaning of "Militia" throughout the constitution? | Reddit
The Second Amendment & Originalism | Talks On LaW
Firearms at Home