Analysis Of Source And Schools Of American Originalism Constitution Interpretation

Based on the originalism viewing angle，the paper is doing research on the originsand the development of originalism. Besides，through analyzing and summarizing thedifferent jurisprudence schools，we try to grasp the evolution and progress of the theory.In this way，we have a better understanding of different proposals and argumentstowards different jurisprudence schools. The writer is exploring the present status ofdevelopment of originalism which results from the living originalism on interpretationstrategy. Originalism is regarded as the important parts of the American constitutioninterpretation theory，the research also help us to recognize the overall Americanconstitution interpretation history.The paper includes four parts：The first part introduces originalism originate in religious tradition and the field ofphilosophy. Along with the Federal supreme court got final interpretation right，theunconstitutional cases are increasing，originalism begins making its mark. Clearly，thereare also different definition from different jurisprudence schools，the definition of whichPaul Brest gave are considered as typical one. In addition，the writer makes a distinctionbetween originalism and conservatism，originalism and activism.The second part states the deep theoretical foundation of originalism. This is thereason why originalism is widly discussed and paying close attention by legal scholars.The third part summarizes the three main jurisprudence schools of originalism. Bythe comparison of different jurisprudence schools，the writer attempt to state theargumentation among the three ones.The fourth part is an overall evaluation of originalism， The writer thinksoriginalism have either active constitutionalism significance or its own limitation. Eitheroriginalism and nonoriginalism has its own rationality，but they can’t be fully accepted.It is practical for us to persist dialectical methods.Above all，this paper states the basic viewpoins，the theory foundation，the mainrepresentative figures of originalism theory along with the living originalism to try tomake a litter contribution to the research of originalism.