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Scalia and Thomas
The United States heavily relies on its court system to create and maintain justice through the country. ... Two Justices that stand out among the rest because of their originalist approach are Justice Antonin Scalia and Justice Clarence Thomas. ...
Appointed to the Supreme Court in 1986 by President Ronald Regan, Justice Scalia is considered one of the courts conservatives. Antonin Scalia has defended his originalist approach to constitutional interpretation by comparing himself to James Madison, fourth president and framer of the constitution. Justice Scalia explained that he, like Madison, interprets the constitution according to the common sense meaning and definition of the documents words at the time they were written. An opposite approach, Scalia suggested from that applied by Justices who believe the Constitution changes from age to age in order to meet the needs of a changing society. Scalia criticizes the second approach, saying that it too often results in crafting subjective interpretations of the Constitution to address issues that could and should be handled by Congress. Calling his view of the Constitution an originalist view, Scalia conceded it often places him in a position of supporting laws that do not seem to make sense. ... Scalia suggested that supporters of the living Constitution view, allowing for flexible interpretations molded to meet the changing times, really wanted rigidity. ...
Scalia’s narrow minded approach to the 4th amendment can be seen in some of the rulings he has given in 4th amendment cases. ... 295 (1999), the Supreme Court through Justice Scalia, held that when an officer has probable cause to search a car, he may search everything in the car, including the purse he knows belongs to the passenger who is not suspected of any crime. ... Scalia’s decision on this manner prohibit the public from telling a police officer no or giving someone enough time to get a lawyer. Another example of Scalia’s ignorance towards the 4th amendment can be seen in California v. ... 565 (1991), in which Scalia said that a warrant is not required to search a container, package, or compartment within a vehicle provided that there is probable cause to believe that the object is in the vehicle.
Approximate Word count = 1737
Approximate Pages = 6.9
(250 words per page double spaced)
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