[quote]forlife wrote:
Both originalists and what you call “activists” believe they are upholding the constitution. The difference is in the degree to which they believe you should follow the letter vs. the spirit of the law. Originalists are modern day Pharisees, in my view. They strain at a gnat and swallow a camel.[/quote]
You have no idea what you are talking about. It’s pretty obvious you haven’t read much, if any, of the constitution and certainly don’t pay attention to court rulings.
The court is supposed to rule on cases with the constitution as their legal bench mark. They are not supposed to interpret the constituion beyone the original intent, or the spirit as you put it. If the constitution needs to be changed, we have process for that. It does not include the unelected judiciary. Originalist to not look at the letter of the law. The do look at original intent. You seemed confused here.
The court is also limited by the constitution to hear only cases that it has consitutional jurisdiction on. I am pretty sure you have no idea what this is. Let me help you out. Only cases that have to do with powers granted the federal gov’t. ie, not cases that fall under states rights. Again, if you believe that the federal gov’ts jurisdiction should be increased, there is a process for that with zero involvement from the court.
When justices follow their constitutional obligations, they are originalist. It matters not if they ar liberal or conservative. They are doing their job by the letter of the law.
When justices decide to rule on cases influenced by what they beleive the constitution should mean, what it could have meant if original intent is thrown out, or just ignor it out all together, they are not doing their job by the letter of the law. They are activists. This is the dark history of out supreme court.
I forget the famous quote by Turgood Marshall but I will attempt to paraphrase. I decide what is just and let the law catch-up.
If you are really interested in this (I doubt you are outside of a few ignorant statements), I would start with the constitution, Men in Black, The Nine, and just general sorting and research of milestone supreme court rulings. Particularly when it comes to rights reserved to the states and to the people.