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Much of the harm that has been done in recent years by activitist Constitutionalintepretation… is made possible by a theory which says that, unlike an ordinary law, which doesn’t change — it means what it meant when it was enacted, and will always mean that — unlike that, the Constitution changes from decade to decade, to comport with… quote “the evolving standards of decency that mark the progress of a maturing society”.
He also points some good examples.
Quote:
…”Does the equal protection clause require states to permit same sex marriage?” That is not a hard question for an originalist. Nobody ever thought that is what the equal protection clause meant. … Is there a right to an abortion? For Pete’s sake, it was criminal in every state for 200 years. If you want a right to abortion, create it the way most rights are created in a democracy. Persuade your fellow citizens it’s a good idea and enact it into law. Don’t tell me the Constitution confers such a right.”
…For the living Constitutionalist, there are no answers. I have sat with four colleagues, one still on the Court, who thought that the death penalty was unconstitutional. It’s mentioned in the Constitution! But [for proponents of "the living Constitution"] every day is a new day. If [the death penalty] used to be constitutional, maybe tomorrow it won’t be.”
It's BS to hear a gay guy mentioning abut his 'constitution' rights. What we see nowsday is we CHANGE the US constitution to fit our needs AS WE GO.
Last edited by NEPatriot; 06-12-2009 at 01:32 PM..
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Re: Antonin Scalia: The United States Constitution is “Dead”
There are those like Scalia who seem to believe that our Constitution was written to address the needs of our nation for eternity, and there are those who believe that our founders could not have possibly understood the kinds of changes that would take place as our nation matured and evolved. Our founders never expected interracial marriage, schools and jobs with people of color working side by side, voting rights for women, gays having a voice in society, multinational corporations having the power to manipulate our economy, foreign countries owning much of our debt, etc. Scalia and his ilk like to interpret the Constitution as if our society was designed to serve the interests of the few, but that has changed over time. Even the conservatives are activist, though, suh as controlling states with regard to affirmative action, unionization, and discrimination laws, but conservatives like that kind of activism, they just don't call it that.
Re: Antonin Scalia: The United States Constitution is “Dead”
He is awesome in what he says. He's exactly correct. The law, is the law. He's especially correct about abortion. Abortion should be a state issue, decided by the people.
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"The most difficult subjects can be explained to the most slow-witted man if he has not formed any idea of them already; but the simplest thing cannot be made clear to the most intelligent man if he is firmly persuaded that he knows already, without a shadow of doubt, what is laid before him." Leo Tolstoy, 1897
Re: Antonin Scalia: The United States Constitution is “Dead”
Quote:
Originally Posted by Real World
He is awesome in what he says. He's exactly correct. The law, is the law. He's especially correct about abortion. Abortion should be a state issue, decided by the people.
Do not disagree, but there is also the principal of "stare decisis".. which is based in english law, that essentially states that existing decisions should not be changed..
Quote:
The policy of courts to abide by or adhere to principles established by decisions in earlier cases.
__________________ "Being the best doesn't mean you always win. It just means you win more than anyone else".. tweet from Kurt Warner to Tom Brady.
Re: Antonin Scalia: The United States Constitution is “Dead”
Quote:
Originally Posted by Thomas Jefferson
"I am not an advocate for frequent changes in laws and constitutions, but laws and institutions must go hand in hand with the progress of the human mind. As that becomes more developed, more enlightened, as new discoveries are made, new truths discovered and manners and opinions change, with the change of circumstances, institutions must advance also to keep pace with the times. We might as well require a man to wear still the coat which fitted him when a boy as civilized society to remain ever under the regimen of their barbarous ancestors."
Re: Antonin Scalia: The United States Constitution is “Dead”
Quote:
Originally Posted by sdaniels7114
'nuff ced.
I think TJ would tell Scalia to go soak his head.
That's Thomas Jefferson's take, what about Alexander Hamilton's? James Madisons? How about Adam's, Washington, Burr, etc.? Furthermore, Scalia's point about abortion is exactly correct. I'm not sure you're going to find abortion in the Constitution, nor are you going to find TJ's opinion on it.
BTW, I think TJ would tell just about everyone involved in gubmit, to go kill themselves, if he saw what this country has become over the last 30+ years.
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"The most difficult subjects can be explained to the most slow-witted man if he has not formed any idea of them already; but the simplest thing cannot be made clear to the most intelligent man if he is firmly persuaded that he knows already, without a shadow of doubt, what is laid before him." Leo Tolstoy, 1897
Re: Antonin Scalia: The United States Constitution is “Dead”
Quote:
Originally Posted by DarrylS
Do not disagree, but there is also the principal of "stare decisis".. which is based in english law, that essentially states that existing decisions should not be changed..
If that were the case there would be no Roe v Wade abortion 'right', and Obama wouldn't have been able to overturn 200+ years of bankruptcy law to benefit the UAW.
Scalia is exactly right.
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"Some guys play in all-star games, some guys don't. I don't know who picks all those all-star teams. In all honesty, I don't know who picks the combine, for that matter," Belichick said. "How does (Miami-Ohio offensive lineman Brandon) Brooks not get invited to the combine? How did Vollmer not get invited to the combine? I don't know. We can't really worry about that. We just have to try to evaluate them the best we can."
Re: Antonin Scalia: The United States Constitution is “Dead”
Quote:
Originally Posted by patsfan13
If that were the case there would be no Roe v Wade abortion 'right', and Obama wouldn't have been able to overturn 200+ years of bankruptcy law to benefit the UAW.
Scalia is exactly right.
Abortion was not previously decided by the supreme court, when it did the principal of "stare decisis" takes effect...
Not sure if bankruptcy law was ever decided by the Supreme Court, if you know a case kindly cite it..
Spin, spin, spin all you want but you do not know your ass from your elbow when you get involved with law.. so move on there is nothing for you here.
__________________ "Being the best doesn't mean you always win. It just means you win more than anyone else".. tweet from Kurt Warner to Tom Brady.
Antonin Scalia: The United States Constitution is “Dead”
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