|Part of the series on|
|U.S. Discrimination Law|
|Standards of Review|
|Other Legal Theories|
|Defining Moments in Law|
|Modalities of Constitutional Law|
Justice Brennan strongly advocated responsive interpretation of the Constitution to solve problems such as racism inherent in society, and remedy other social defects. As such, he is the paradigm "activist judge," in that he sought to expand the meaning of the Constitution to include society's current moral values, not just its original meaning.
- McCulloch v. Maryland, 17 U.S. 316
- Sanford Levinson, Constitutional Faith.
- See, e.g., U.S. v. Weber, where Brennan argued for an expansive interpretation of Title VII based on its perceived societal need.