rc3.org

Strong opinions, weakly held

Why “strict construction” is a joke

Walter Dellinger deflates the “strict constructionist” judicial philosophy in one elegant paragraph:

Senators especially like it when a nominee says a judge’s role is just to be an “umpire.” But broad constitutional phrases are different from sports rules, so a judge would be like an umpire only if the game—instead of having a strike zone and a set number of balls, strikes, and outs—provided instead that “each batter shall have a fair chance to hit the ball” and “each team shall have a reasonably equal opportunity to score runs.” Key language of the Constitution is that broad, meaning that men and women appointed to the bench must necessarily exercise judgment. Which is, of course, why they are called judges, and not umpires.

1 Comment

  1. That whole post rules.

Leave a Reply

Your email address will not be published.

*

© 2016 rc3.org

Theme by Anders NorenUp ↑