The Views Of Scalia And Brennan Of Our Common Law Judicial System

857 WordsJul 10, 20154 Pages
1) The views of Scalia and Brennan of our common law judicial system are very oppositional. Justice Brennan is what is considered a non-orginalist and Scalia would be a considered the opposite which is, an orginalist. Both of them agree that interpreting the constitution is so crucial to our democratic system and to making laws. However, Scalia believes that judges shouldn’t have the power to interpret the constitution into common laws because it allows for too much bias in our court system. He believes it gives the courts too much power and that they don’t have the historical knowledge base to interpret the original intent of constitution properly. Scalia thinks that this job of interpretation of important amendments would be better left to historians then to lawyers. He does not think that judges should be allowed to create laws because they don’t know how to interpret the original intent of the constitution. Justice Brennan believes that the interpretation of the constitution into common law is for a federal judge, obligatory. And that it is the job of the judges to look at the cases presented to them and use their best unbiased judgment to interpret what outcome would be best for the public good. Justice Brennan says himself that when the justices interpret the constitution they don’t speak for themselves, they speak for the public. Scalia and Brennan basically disagree on how the text should be read and about what should be considered legitimate interpretation. There

More about The Views Of Scalia And Brennan Of Our Common Law Judicial System

Open Document