Jonah Patel
There is a stark divide between Democrats and Republicans on how the U.S. Supreme Court should interpret the Constitution. While Republicans favor a restrictive view, generally deferring to democratically elected bodies, Democrats favor the court expanding its jurisdiction into political matters. Libertarian conservatism emphasizes a strict interpretation of the Constitution, particularly with regard to federal power. Originalism, a variant of conservatism that emerged in the 1980s, asserts that the United States Constitution should be interpreted in light of its original meaning. However, in practice, conservative justices have been accused of selectively interpreting the Constitution to suit their policy preferences, particularly in cases involving campaign finance and voting rights.
| Characteristics | Values |
|---|---|
| Libertarian conservatism | Emphasizes a strict interpretation of the Constitution, particularly with regard to federal power |
| Originalism | Interprets the Constitution in the light of what it meant when it was adopted |
| Strict constructionism | Interprets the Constitution as written, not necessarily within the context of the time when it was adopted |
| Fiscal conservatism | Supports privatization, capitalism, individualism, limited government, and laissez-faire economics |
| National conservatism | Focuses on upholding national and cultural identity, emphasizing American nationalism, strict law and order policies, and social conservatism |
| Social conservatism | Opposes abortion, euthanasia, and some LGBT rights, supporting Christian values and moral absolutism |
| Judicial philosophy | Holds that rulings should be based on the Constitution's original meaning, not current times |
| Voting rights | Weakens protections of the Voting Rights Act and increases political spending |
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What You'll Learn
Originalism vs strict constructionism
Originalism and strict constructionism are two similar conservative ideologies that deal with the interpretation of the US Constitution. Originalism asserts that the Constitution should be interpreted in light of what it meant when it was adopted. On the other hand, strict constructionism deals with interpreting the Constitution as it is written, without necessarily considering the context of the time when it was adopted.
Originalism, also known as "strict constructionist" or "conservative" interpretation, is a philosophy that asserts that the US Constitution should be interpreted based on its original intent and meaning at the time of its adoption. Originalists believe that the Constitution should be interpreted as closely as possible to what it meant when it was first written and ratified. This approach seeks to uphold the original understanding and intentions of the Founding Fathers, who drafted and adopted the Constitution in the late 18th century. Originalism has been associated with conservative Supreme Court justices such as Samuel Alito, Clarence Thomas, and the late Antonin Scalia, who have used this philosophy to explain their judicial beliefs.
Strict constructionism, on the other hand, is a strict philosophy on interpreting a text. It focuses on interpreting the Constitution as it is written, without necessarily considering the historical context of its adoption. This approach emphasizes a literal interpretation of the text, aiming to adhere closely to the words and language used in the Constitution. While it may seem similar to originalism, strict constructionism does not necessarily take into account the intentions or context of the time in which the Constitution was created. The term "strict constructionism" gained popularity during Richard Nixon's 1968 presidential campaign, when he promised to appoint judges who would interpret the Constitution strictly, in contrast to the "judicial activism" of the Warren Court.
It is important to note that there is confusion and disagreement among legal experts and the public regarding the definitions and distinctions between originalism, strict constructionism, and textualism. Some commentators have incorrectly labelled justices such as Chief Justice Roberts and Neil Gorsuch as strict constructionists, when in fact, these jurists have refuted such labels. Justice Scalia, for instance, clarified that he was not a strict constructionist and that a text should not be construed strictly but reasonably, taking into account the full meaning of the text.
In terms of public opinion, there are divisions along ideological, educational, racial, and religious lines. Consistently conservative individuals tend to favor interpreting the Constitution based on its original intent, while those with liberal political values prefer interpretations based on the Constitution's meaning in current times. Additionally, those with higher educational attainment are more likely to support interpretations based on the Constitution's current meaning, while those without a college degree are more divided. Religious differences also play a significant role, with white evangelical Protestants strongly favoring rulings based on the original meaning, while those unaffiliated with a religious tradition lean towards interpretations based on the Constitution's meaning in modern times.
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Libertarian conservatism
In terms of social policy, libertarian conservatives emphasize authority, morality, and duty. They generally support Christian values, moral absolutism, and American exceptionalism, while opposing abortion, euthanasia, and some LGBT rights. Libertarian conservatives prioritize individual liberty, which often leads them to hold social positions contrary to those of social conservatives, especially on issues such as marijuana, abortion, and gay marriage.
While libertarian conservatism and mainstream conservatism share similarities, there are also notable differences. Libertarian conservatism, as described by Russell Kirk, combines political libertarianism, cultural conservatism, and non-interventionism, setting it apart from neoconservatism. Libertarian conservatives prioritize liberty and are often skeptical of government authority, even if they hold socially conservative beliefs. This distinguishes them from social conservatives, who actively seek to impose their values through government policies.
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Fiscal conservatism
One of the key principles of fiscal conservatism is fiscal responsibility. Fiscal conservatives emphasize the importance of responsible financial management by governments. They argue that governments should not accumulate excessive debt and should aim for balanced budgets or surpluses. They support privatization, believing that the private sector is more effective than the public sector. Many fiscal conservatives support school vouchers for private schools and private healthcare, while opposing universal healthcare and arguing that it constitutes socialized medicine.
Fiscal conservatives prioritize essential functions and believe in limiting government spending to areas such as defense, infrastructure, and law enforcement. They often advocate for cuts to social security, Medicare, and Medicaid, and generally oppose social welfare programs. They favor free markets and argue that market forces should guide economic decisions and resource allocation. Fiscal conservatives also tend to support deregulation, reducing government interference in markets, and promoting competition.
There are three main factions or subgroups within fiscal conservatism, each with a particular emphasis. The first group, known as deficit hawks, emphasizes balancing government budgets and reducing government debt. They view government debt as economically damaging and morally dubious, as it passes on obligations to future generations. Deficit hawks are willing to consider tax increases if the additional revenue is used to reduce debt rather than increase spending. The second group prioritizes tax cuts over spending cuts or debt reduction, arguing that high taxes discourage economic activity and investment. The third group emphasizes the importance of economic freedom and responsible budgeting, aiming to keep government spending in check so that taxpayers can retain more of their earnings.
In summary, fiscal conservatism is a political and economic philosophy that advocates for limited government, free markets, lower taxes, reduced government spending, privatization, and minimal government debt. It is based on the principles of capitalism, individualism, and laissez-faire economics. Fiscal conservatives prioritize fiscal responsibility, essential functions, and economic growth while opposing excessive government intervention and social welfare programs.
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National conservatism
In the United States, national conservatism has been associated with Trumpism and the supporters of President Donald Trump, marking a break from the traditional "conservative consensus" of "markets and moralism". It seeks to uphold national and cultural identity, emphasising cultural conservatism, traditional family values, and opposition to immigration. National conservatism in the US has also been described as "pro-worker conservatism", reflecting a departure from the economic liberalism typically associated with conservatism.
In Europe, national conservatism often takes the form of Euroscepticism, with notable examples including Viktor Orbán's Fidesz party in Hungary. National conservatism in Europe has been influenced by political developments in post-communist central and eastern European countries, promoting nationalism and a more prominent role for religion in public life.
Overall, national conservatism represents a synthesis of conservative and nationalist ideals, emphasising cultural and social conservatism, traditional values, and a commitment to independent nation-states. It offers an alternative to economic liberalism and libertarianism, advocating for a more pragmatic approach to regulatory economics and a rejection of universalist ideologies.
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Judicial philosophy
Libertarian conservatism, a fusion of fiscal conservatism and libertarianism, strongly emphasizes a strict interpretation of the Constitution, particularly regarding federal power. Libertarian conservatives support limited government, individual liberty, and laissez-faire economics. They often hold social positions that contradict social conservatives, such as on issues like marijuana, abortion, and gay marriage.
On the other hand, some conservatives support a more flexible interpretation of the Constitution, known as strict constructionism. This approach interprets the Constitution as written but does not necessarily consider the historical context of its adoption. This view allows for a more dynamic interpretation, adapting to modern times and circumstances.
National conservatism, a modern variant that combines conservatism and nationalism, has gained traction among supporters of former President Donald Trump. This ideology emphasizes the preservation of national interests, American nationalism, strict law and order policies, and social conservatism centered on the traditional family unit. National conservatives believe that institutions have been captured by the far left and aim to use government power to reclaim them.
The public is divided on the preferred approach to constitutional interpretation, with ideological, educational, racial, and religious differences influencing their views. A significant portion of conservatives favors interpreting the Constitution based on its original intent, while liberals tend to support interpretations based on the Constitution's meaning in current times. These differences in judicial philosophy have real-world implications, as evidenced by the conservative majority on the Supreme Court in cases involving campaign finance and voting rights.
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Frequently asked questions
Conservatives are divided on how the US Constitution should be interpreted. Libertarian conservatives and originalists believe in a strict interpretation of the Constitution, emphasizing federal power and states' rights. Other conservatives, such as Justice Scalia, argue for interpreting the Constitution as it was originally written, a view called originalism.
Conservatives tend to support Christian values, moral absolutism, and American exceptionalism. They generally oppose abortion, euthanasia, and some LGBT rights. In terms of economic policy, they favor capitalism, individualism, limited government, and economic liberalism. They are generally pro-business and support free markets and privatization.
Conservative Supreme Court justices have been accused of claiming to be "strict constructionists" while selectively interpreting the Constitution to suit their policy preferences. For example, in Citizens United v. Federal Election Commission, conservative justices overturned limitations on corporate money in elections, leading to increased political spending and the influence of special interests.
