Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: Don'tMessWithTexas
It should be added that Scalia and Thomas are not constructionists, they are originalists.

You are right about Thomas. But Scalia would describe himself as a textualist and I think he is more of a strict constructionalist. He absolutely ignores original meaning where he thinks the text is clear. Thomas is quicker to delve into historical meaning to support his opinions, even where he believes the text is clear.

56 posted on 10/03/2005 5:04:57 PM PDT by Texas Federalist (Republican senators please Bork Harriet Myers!!!!)
[ Post Reply | Private Reply | To 42 | View Replies ]


To: Texas Federalist

No. Scalia himself has described himself as an originalist. I spoke with him two years ago and he flatly denied that he was a textualist or constructionist.


72 posted on 10/03/2005 5:15:45 PM PDT by Don'tMessWithTexas
[ Post Reply | Private Reply | To 56 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson