09/18/2014 09:54 am ET

How Activist Judges Undermine the Constitution


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.

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