Active debate among the supreme court justices

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How to interpret the constitution has been an active debate among the Supreme Court justices. Justice Scalia insists that judges are supposed to interpret the law based on its text rather than conform with the majority. They are there to interpret not to write the constitution. Judges serve as objective legal experts. They do not judge based on prevailing values or moral standards, as these are the job of the Congress.

On the other side, Justice Breyer supports the view of political activism and discretions of judges beyond the text. He argues that consequences of a particular interpretation should be valued in terms of basic constitutional purposes. Texts do not always give us answers. In other words, we need to look at whether the consequences of an interpretation contribute to active liberty and democracy, which are "basic constitutional purpose."

Should judges take public opinion or changing societal standards into account when applying judicial review? Is it possible for judges to be objective? Which side do find more convincing?

Reference no: EM133812354

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