The best way to conference proceedings by Francis Academic Press

Web of Proceedings - Francis Academic Press
Web of Proceedings - Francis Academic Press

Historical Interpretation of Originalism and Non-originalism under the System of American Constitutional Precedent

Download as PDF

DOI: 10.25236/iwacle.2018.026


Long Qian

Corresponding Author

Long Qian


The constitutional interpretation methods of originalism and non-originalism play an important role in the American precedent system. In the history of more than 200 years since the founding of the United States, the two are different, unified, and dialectical exist in the constitutional precedent system of the United States. This paper will sort out the historical context of the two from several important periods in American history. How did they develop in the founding era of United States, after the Civil War, during the New deal period, after World War II and into the stage of the 21st century. Judging from the history of American constitutional interpretation for more than 200 years, the position of originalism and non-originalism of various schools in the theory of constitutional interpretation can be seen as equal. Throughout the history of the United States, it can be said that originalism dominated in the first hundred years, and that non-originalism developed rapidly in the last hundred years, while the status of originalism gradually wavered, but it did not completely lose its influence.


American Constitution, Originalism, Non-Originalism, Historical Stage