⇒ A justice who interprets the constitution in a strict/literal/conservative way and who tends to stress the retention of as much power as possible by governemtn of the individual states (tends to be conservative)

⇒ Benefits:

• Role of judges is to interpret the constitution rather than make policy 'from the bench' (e.g. in Roe v wade 1973 they essentially made policy, which is not their role)
• The constitution can be amended if originalism is found to affect society negatively (e.g. income tax ban was overturned by Congress passing the 13th amendment)
• Many parts of the constitution are specific and easy to interpret so it's not right to read anything else into them other than what the passages state (outlines clearly that President is commander-in-chief)
• Originalism provide predictability (right to bear arms specifically outlined, applied in DC vs Heller 2008)

⇒ A justice who interprets the constitution in a loose/liberal fashion and who tends to stress the broad grants of power to the federal government (tends to be liberal)

⇒ Benefits:

• Conservatives use originalism as an excuse to follow an ideological agenda - they are really as activist as any other judge (citizens united case interpreted freedom of expression to mean corporations could give large amounts of money)
• The constitution is broad and vague - deliberately so so it can become a living document (Obergefell v Hodges 2015 says it allowed for same sex marriage)
• Amendment procedure is flawed and doesn’t work, so judges must provide 'interpretive amendments' (Roe v Wade Congress was too partisan so SCOTUS had to decide)
• Originalists change their views on what the founding fathers meant, showing they are uncertain (Stanford v Kentucky ruled you can execute 16 years olds, but was overturned by Roper v Simons)
• Limits placed on the court means they will never stray too far into politics (e.g. Pollock v farmers loan and trust co 1895 where income tax was ruled unconstitutional but that was overturned by Congress passing the 13th amendment)

⇒ Also see our notes on:

• Functions
• Key Policy Areas
• Key Cases
• Appointment
• Political or Judicial
• Checks and Constraints