SUPREME COURT: Outline the disadvantages and disadvantages of strict constructionism.

Strict constructionism is interpreting the Constitution in a very literal way- word for word.

Advantages:

1) Interpreting the Constitution in this way leaves revolutionary change to Congress. This is an advantage because Congress was elected by the people. Therefore, it has the electoral mandate to implement such change; the Supreme Court does not.

2) Scalia (a Supreme Court judge) often says if a change is wanted, Congress should pass a bill. This prevents judges from 'legislating from the bench'. Strict constructionism prevents the personal opinions of judges from interfering with rulings. This upholds judicial neutrality and may help reduce the politicisation of the Court

Disadvantages:

1) Strict constructionism is unlikely to protect civil liberties such as 14th amendment rights e.g. abortion, same sex marriage, ethnic rights. However, you could argue it protects more conservative liberties such as gun rights

2) Strict constructionism is insensitive to how society has evolved over the years. Less receptive to public opinion