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Originalists often argue that modernists rely too much on outside influences and personal beliefs and morals. The job of the judiciary is to interpret the law as constitutional or unconstitutional, not create it. Judicial activism is the term most often used by originalist's judges towards modernist judges that they feel have a tendency to influence policy...

Activists promote the idea of a living constitution, one that answers to the needs of the people. Justice Antonin Scalia argues that a living or evolving constitution allows those who interpret the document to deter their thoughts and decisions away from its original intent. "As soon as the discussion goes beyond the issue of whether the constitution is static, the evolutionists divide into as many camps as there are individual view of the good, the true, and the beautiful...

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