Conservative and Active Liberty Approach to Constitution

American Government; Judicial Interpretation
Name
Affiliation
Course
Instructor
Date American Government; Judicial Interpretation
TASKSJudicial Restraint
(Strict Constructionism/ Textualism/ Original Intention)Judicial Activism
(Active Liberty / Living Constitution)
Explain logic and approach to the two interpretation
Conservative approach to interpretation where judges practice stare decisis or "let the decisions stand" of legislators or past judges unless the standard violates the Constitution. It means the Constitution means the same thing today as it means when it was developed. Judges should not interpret specific clauses and twist it to fit what they think people would wish to be done.In the active liberty approach to the Constitution, judges believe that the constitution change with time. It means that the Constitution's specific articles do not mean the same today as it meant when the clauses were adopted. Therefore, this implies that our understanding of the constitution change with time.Tools/resources used to assist in interpreting (Hint: Construction worker uses a hammer, saw, nails, etc. to build. What tools do Justices use to interpret the law? What are the tools of the law or those implied by each approach? What hierarchical order is there for the tools for each approach?)1)Prudentialism
2)Structuralism