Conservatives and the SCOTUS

[Democratic Hawk]

Well ...

Dave

[Joe Republic]

I can't really tell which the die-hards would prefer: somebody who would try and interpret what some guys from 230 years ago would think about personal ownership of nuclear weapons, or somebody who will overturn all the legislation they don't like.  The latter case would also be the situation if a die-hard liberal was nominated.

[Richard]

What is the difference between the two?

[Jake]

I'd rather one, but if someone turns into a two, I'll take it.

[Brandon H]

The difference is an originalist would do what they believe the Constitution means while an activist, whether they are left or right wing, will push their own agenda and interpret the Constitution to suit their views.

Clearly there are some who want right wing activist. A democrat will nominate a liberal. A Republican could nominate an originalist, a conservative activist, or a stealth candidate who turns out to be a liberal.

Thomas and Scalia are originalists. Rhenquist was said to be a conservative activist. O'Connor and Kennedy are moderates. Stephens leans left. Souter was a stealth candidate who turned out to be a liberal. Breyer and Ginberg are liberals. Roberts is a stealth and what he turns out to be is unknown. Alito is being called an originalist, a conservative activist, and in one instance, a liberal.

[○∙◄☻¥tπ[╪AV┼cVê└]

Clearly option 2.

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http://www.nytimes.com/2005/07/06/opinion/06gewirtz.html?ex=1278302400&en=0e5fac7774080327&ei=5090&partner=rssuserland&emc=rss

[Emsworth]

The two are not necessarily synonymous. In fact, in many cases, they can be quite different. This was most notable between 1905 and 1937, when the Supreme Court struck down most economic regulations (both state and federal), and judicially imposed a laissez-faire policy. Quite clearly, this was reactionary activism, not originalism.

[A18]

Clearly option 2.

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http://www.nytimes.com/2005/07/06/opinion/06gewirtz.html?ex=1278302400&en=0e5fac7774080327&ei=5090&partner=rssuserland&emc=rss

Originalism does not mean striking down as few congressional statutes as possible.

[opebo]

These choices are the same, but they are viewed as 'orginalists' by the intellectually dishonest conservatives, and 'wingnuts' by reasonable moderates (liberals).