Question

Which approach to judicial decision making would a Supreme Court justice be using if he or she argued that the Court cannot consider what is just or fair; it should only consider what the Framers meant when they wrote a given passage?

O judicial restraint
O originalism
O stare decisis
O judicial activism

Answer 1

A Supreme Court justice who argues for focus solely on the original intent of the Framers is using an originalism approach, which is related to the concept of judicial restraint.

Step-by-step explanation:

If a Supreme Court justice argues that the Court should not consider what is just or fair but rather should focus solely on what the Framers meant when they wrote a passage of the Constitution, the justice would be using the approach known as originalism. Originalists seek to interpret the Constitution based on the perceived intent of its drafters and the meaning of its text at the time it was written. This method is often associated with the broader concept of judicial restraint, a theory that encourages judges to limit their own power and defer to the existing legislative and executive authorities unless a law is clearly unconstitutional.