Justice philosophies

Question 1

Strict Constructionist (Originalists)

Answer 1

• A justice who interprets the constitution strictly or literally, and tends to stress the retention of power by individual states
• They focus on the text of the Constitution. For them, the language is supreme and constitutional principles are fixed, not evolving.
• Examples of strict constructionist judges: John Roberts, Clarence Thomas, Antonin Scalia

Question 2

Loose Constructionist

Answer 2

• A justice who interprets the constitution less literally, and tends to stress the broad grants of power to the federal government
• They interpret the constitution in a loose fashion - reading elements into the document that they think the framers of the constitution would approve. They see it as living, not fixed document.
• Examples of loose constructionist judges: Ruth Bader Ginsburg, Stephen Brayer, Sonia Sotomayor

Question 3

Differences between strict and loose constructionists

Answer 3

• Strict constructionist judges get appointed by Republican presidents and they are more Conservative. Loose constructionist judges get appointed by Democrat presidents and they are more liberal.
• Originalists believe the only way to amend something in the constitution is through legislation. Loose constructionists believe judicial interpretation should be the way to change it.