02-16-2016, 01:54 PM
All of the supposed strict constructionist justices I've seen have used their legal analysis for a great deal of judicial activism. Originalists never stick solely to the text of the Constitution. Even Scalia called himself a "faint-hearted originalist" preferring to refer to himself as a textualist. He once said, "I am a textualist, I am an originalist. Not a nut." This, of course, gave him the freedom to go beyond the text and use social norms, historical context, and long-held moral beliefs to support his judicial activism.Â
Cheers,
Pete F.
Cheers,
Pete F.
