NewHopeR
Senior Member
- Joined
- Nov 6, 2009
- Member Type
- Student or Learner
- Native Language
- Chinese
- Home Country
- China
- Current Location
- China
Context:
[SIZE=-1]Over the years, Justice Thomas' jurisprudence has evolved into what is arguably the Court's most conservative. He is considered a champion of two conservative judicial doctrines - originalism and strict constructionism.[/SIZE]
[SIZE=-1]Originalist doctrine seeks to discern the original intent of the Constitution's framers. It is antithetical to the judicial activism many conservatives liken to legislating from the bench to achieve political ends. The most polarizing example of judicial activism revolves around Roe v. Wade, which bore the right to an abortion from the right to privacy. An originalist would argue that the framers never contemplated the right to an abortion, thus only Congress or the states can manufacture such a right. The originalist is not concerned that the right to abortion exists, but that it should be created though the appropriate means rather than a politically-charged court decision.[/SIZE]
[SIZE=-1]Over the years, Justice Thomas' jurisprudence has evolved into what is arguably the Court's most conservative. He is considered a champion of two conservative judicial doctrines - originalism and strict constructionism.[/SIZE]
[SIZE=-1]Originalist doctrine seeks to discern the original intent of the Constitution's framers. It is antithetical to the judicial activism many conservatives liken to legislating from the bench to achieve political ends. The most polarizing example of judicial activism revolves around Roe v. Wade, which bore the right to an abortion from the right to privacy. An originalist would argue that the framers never contemplated the right to an abortion, thus only Congress or the states can manufacture such a right. The originalist is not concerned that the right to abortion exists, but that it should be created though the appropriate means rather than a politically-charged court decision.[/SIZE]