PS 3150 Lecture Notes - Lecture 4: Judicial Restraint, Originalism
8 Dec 2016
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Judiciary decision making: originalism/original intent (strict constructionalism) First invoked by the ussc in hylton v. us (1796) re: taxation. Framers knew what they were doing; the chose their words carefully, so we must interpret what they meant. It keeps the law value free, as it was written. Keeps the law stable so it doesn"t change too frequently. Example of original intent: the 4th amendment: katz v. us (1967) dissent, noninterpretivism. It is a living document, that evolves over time. Cannot assume to know what the framers" intent is since the constitutional language is general. Constitution would loose its practicality if originalism prevailed. Example of noninterpretivism: trop v. dulles (1957, judicial restraint. Practicing restraint when becoming involved in legal matters. Courts should impose remedies that are narrowly tailored and only for specific wrongs: rochin v. california (1957) Dealt with forcible medical procedures to recover drugs for trial. Ussc only threw out rochin"s conviction, did not make california change its laws.
