Is either side more likely to render purely impartial justice or are both sides equally likely to produce decisions that conform with their preferred outcomes?
Is either side more likely to render purely impartial justice or are both sides equally likely to produce decisions that conform with their preferred outcomes?
April 30, 2020 Comments Off on Is either side more likely to render purely impartial justice or are both sides equally likely to produce decisions that conform with their preferred outcomes? Uncategorized Assignment-helpThe last topic brings us full circle to where class began – whether the Constitution is a “living document.” Originalists like the late Antonin Scalia and current Justice Clarence Thomas say “no!” Their view is that the Constitution should be strictly interpreted according to the intent of the framers. Doing otherwise, they argue, just opens the door for any judge to make it up and substitute their own preferences for constitutional law.On the other side, there is a whole legion of mostly liberal Justices like RBG or the late William Brennan who have argued that the Constitution must be interpreted as a living document for it is too dated and too sparse to do otherwise.Which side is right? Is either side more likely to render purely impartial justice or are both sides equally likely to produce decisions that conform with their preferred outcomes? Why or why not?