Original intent is a theory in law concerning constitutional and statutory interpretation. It is frequently used as a synonym for originalism; while original intent is one theory in the originalist family, it has some salient differences which has led originalists from more predominant schools of thought such as original meaning to distinguish original intent as much as legal realists do.

Approach

Original intent maintains that in interpreting a text, a court should determine what the authors of the text were trying to achieve, and to give effect to what they intended the statute to accomplish, the actual text of the legislation notwithstanding. As in purposivism, tools such as legislative history are often used. One example of original intent is in Freeman v. Quicken Loans Inc., [2012]. The plaintiffs took out mortgage loans from Quicken Loans. In 2008 they sued Quicken Loans arguing that that respondent had violated Real Estate Settlement Procedures Act (RESPA) Section 2607(b) by charging them fees for which no services were provided. The plaintiffs supported their allegation by referring to the Department of Housing and Urban Development (HUD) policy statement that says that §2607(b) “prohibit[s] any person from giving or accepting any unearned fees, i.e., charges or payments for real estate settlement services other than for goods or facilities provided or services performed.” Justice Scalia delivered the opinion of the court that RESPA Section 2607(b) was not violated by referencing that RESPA included a directive that HUD make a report to Congress regarding the need for further legislation in the area, so the original intent was to pass new legislature if it was needed, so the Supreme Court ruled in favor of the defendant.

Problems

Originalist criticisms of original intent proponents (and some proposed rebuttals)

Despite the potential confusion of terms between the original intent and originalism, other schools of originalist thought have been as critical of original intent as non-originalists.

Other schools of thought

In Canada, the predominant school of thought for legal interpretation is the living tree doctrine, under which interpretations can evolve along with the society, to deal with new conditions that were different or did not exist when the Constitution was framed.