Chapter 2 The Court System September 5th 2014 2 2 Activists and Strict Constructionists Learning Objectives Explore the strict constructionist or originalist judicial philosophy Explore the judicial activist philosophy Learn about the modern origin of the divide between these two philosophies Examine the evolution of the right to privacy and how it affects judicial philosophy Explore the biographies of the current Supreme Court justices Strict Constructionists Judicial Philosophy Strict constructionists Politically conservative judges who adhere to the view that o The Constitutions should be interpreted in light of tis original meaning when it was adopted what did the founders intent o New rights should be granted by the legislative process rather than through judicial review judges are not legislators and therefore should not act as such on issues of social policy Originalists Jurists who subscribe to original meaning o Original meaning The view that the Constitution should be interpreted in light of what the Founding Fathers meant when they wrote the document Judicial Activists Judges who adhere to the view that the Constitution is a living document that should adapt and change with the times o Believe that the political process is flawed and that majority rule can lead to the baser instincts of humanity becoming the rule of law o Safeguard the voice of the minority and the oppressed o Preferring to look at the motivation intent and implications of the Constitution s safeguards rather than merely its works typing to decipher the greater purpose or intention behind the words themselves Applies both to Constitutional and Legislative Matters Modern Origin the Great Depression Modern characterization of judges as politically motivated can be traced to o New Deal Legislative package that increased the size and role of the government in private commercial activity Federal judges are appointed for lifetime o Turnover rate for federal judgeships is low Biographies of the Current Supreme Court Justices John Roberts o Nominated by George W Bush in 2005 o Young smart and popular judge with solid republican credentials o Re nominated and confirmed by the senate as chief justice Samuel Alito o Nominated by George W Bush o Been on the Court only for a few years o Demonstrated to be ideological than pragmatic in opinions Sonia Sotomayor and Elena Kagan o Nominated by Barack Obama in the year 2009 and 2010 respectively o Regarded as moving the court neither in terms of activism nor originalism in direction o Both voted to hold Michigan Constitutional provision outlawing affirmative action programs in higher education based on race or gender
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