Discussion Post #3

Discussion Forum #3

Instructions: First, read “Judicial Philosophy” in the Ginsberg et al. textbook (pages 400-402). Next, watch the following C-SPAN video. When you are done watching the video, answer the following questions.

Discussion Questions: Define judicial restraint. Define judicial activism. Based on what you saw in the video, which Supreme Court justice has a judicial philosophy closer to judicial activism? What led you to this conclusion? Which judicial philosophy do you think judges should adopt? Why?

Note: The two justices in the video are Stephen Breyer (in the tan suit) and Antonin Scalia (in the black suit).

Video:

https://www.c-span.org/program/public-affairs-event/principles-of-constitutional-and-statutory-interpretation/214427