How Activist Judges Undermine the Constitution

ORNSTEIN: Judicial Activists Undermining The Constitution
Open Image Modal
Associate Justice Antonin Scalia during the group portrait of the U.S. Supreme Court at the Supreme Court Building in Washington, Friday, Oct. 8, 2010. (AP Photo/Pablo Martinez Monsivais)

Even so, there is another strain of interpretation that has arisen to challenge this one, closely identified with Justice Antonin Scalia. Known as textualism, it rejects the use of legislative history or the words of lawmakers about what they did and intended, showing disdain for much of the legislative process and the motives of lawmakers but also arguing that relying on messy and ambiguous legislative actions and interpretations gives judges too much discretion to achieve their own desired outcomes.

Support HuffPost

At HuffPost, we believe that everyone needs high-quality journalism, but we understand that not everyone can afford to pay for expensive news subscriptions. That is why we are committed to providing deeply reported, carefully fact-checked news that is freely accessible to everyone.

Whether you come to HuffPost for updates on the 2024 presidential race, hard-hitting investigations into critical issues facing our country today, or trending stories that make you laugh, we appreciate you. The truth is, news costs money to produce, and we are proud that we have never put our stories behind an expensive paywall.

Would you join us to help keep our stories free for all? Your will go a long way.

Support HuffPost