How Activist Judges Undermine the Constitution

ORNSTEIN: Judicial Activists Undermining The Constitution
Associate Justice Antonin Scalia during the group portrait of the U.S. Supreme Court at the Supreme Court Building in Washington, Friday, Oct. 8, 2010. (AP Photo/Pablo Martinez Monsivais)
Associate Justice Antonin Scalia during the group portrait of the U.S. Supreme Court at the Supreme Court Building in Washington, Friday, Oct. 8, 2010. (AP Photo/Pablo Martinez Monsivais)

Even so, there is another strain of interpretation that has arisen to challenge this one, closely identified with Justice Antonin Scalia. Known as textualism, it rejects the use of legislative history or the words of lawmakers about what they did and intended, showing disdain for much of the legislative process and the motives of lawmakers but also arguing that relying on messy and ambiguous legislative actions and interpretations gives judges too much discretion to achieve their own desired outcomes.

Popular in the Community

Close

What's Hot