Question: • An activist judge is one who believes that concepts such as due process and liberty are always evolving. Activists believe that the founding fathers of our country did not mean for the rights referenced in the Constitution to remain static. Given this belief, activist judges tend to allow their personal views about public policy, among other factors, to guide their decisions. Activist judges realize that their interpretation of various laws will influence the manner in which laws are enforced. They believe this is an appropriate role for a judge to play. A constructionist judge would argue that legislators should make law, not judges. Constructionists tend to take a much more literal (i.e., "black and white") and conservative approach when interpreting the Constitution and laws. Constructionist judges believe that all judges should avoid drawing inferences from a statute and focus only on the text itself.
Discuss some of the potential ethical concerns that relate to these two very different interpretations of the appropriate role of a judge.