Explain the difference between a loose Constructionist and a strict Constructionist on the US Supreme Court (10 marks).

Presidents often look for justices who share their judicial philosophy. Justices are therefore classified as to whether they are liberals (loose constructionists) or conservatives (strict constructionists): Classification - Strict ConstructionistIdeology - ConservativeParty- RepublicanCharacteristics- A justice of the SC who interprets the Constitution in a strict, literal or conservative fashion- they look at the original intent of the Founding Fathers and are hence referred to as ‘originalists.’ Tend to stress the retention of as much power as possible by the governments of the individual states. They are usually conservative in their outlook. They focus on the text of the Constitution. For them, the language is supreme, and the SC job is to derive and apply rules from the words chosen by those who framed their constitution. In their view, constitutional principles are fixed, not evolving. Examples- Roberts, Scalia, Thomas and AlitoQuotes- Scalia- ‘The Constitution I interpret and apply is not living but dead. Our first responsibility is to follow the text of the law Classification - Loose ConstructionistIdeology- liberalParty- DemocratCharacteristics- A justice of the Supreme Court who interprets the Constitution in a loose or liberal fashion- reading elements into the document that they think the framers would approve. Tends to stress the broad grants of power to the federal government.Examples- Ginsberg, Breyer, Sotomayor, KaganQuotes- Breyer: investigates the ‘context of the Constitution.’ He see’s Scalia’s approach as ‘too legalistic’ and one that ‘places too much weight upon language, history tradition and precedent.