Scalia vs. Breyer: Differences in Constitution and Statutory Construction
Justice Scalia’s decision-making process could be summed up in two words: text and tradition. Scalia is wary of any departure from the original meaning of the Constitution’s text, strongly criticizing Supreme Court decisions that he believes demonstrate an activist judiciary rather than a neutral decision-making branch of a democracy. Scalia “argues that primacy must be accorded to the text, structure, and history of the document […]