Amy Guttman coauthored A Matter of Interpretation, which sets forward a theory of this type, justifying it by appealing to the US's common-law history.
Louis Feldman attempts to reconcile this concept with Joseph Raz's theories, concluding that the attitude this position requires is equivalent to a deference to practical authority. Richard Kay argues for a version of this that goes beyond the mere words of a provision and including the intentions of the text. Amy Guttman coauthored A Matter of Interpretation, which sets forward a theory of this type, justifying it by appealing to the US's common-law history. That book's primary author called this doctrine "The Lesser Evil" in an influential 1989 Cincinnati Law Review article, arguing that it was superior to activist theories.  Those works are by Antonin Scalia. For 10 points, identify this theory of legal interpretation supported by members of the Federalist Society that emphasizes the intent or meaning at the time of formulation.
Louis Feldman attempts to reconcile this concept with Joseph Raz's theories, concluding that the attitude this position requires is equivalent to a deference to practical authority.
originalism (accept word forms; accept judicial restraint, prompt on strict construction)