Scalia on Constitutional Interpretation

[Agathon]

Originally posted by Drake Tungsten
I see Poly has produced its usual level of discourse...

When do the grown-ups get here?

You're at the wrong site mate. Now post a desktop in the desktop thread. Make it sleazy!!!

[Imran Siddiqui]

Scalia and the other proponents of the "living constitution"

Um... Scalia isn't a proponent of a living Constitution... did you even read the article?

And this man claims to give a fair reading of the Constitution?

You do realize he never said that.. that was Agathon making a joke, rigth?

[Drake Tungsten]

Originally posted by Agathon
Now post a desktop in the desktop thread. Make it sleazy!!!

Can't. Am at work now and won't be home for long after work. You'll have to find your sleaze somewhere else; I'm sure you can manage...

[Sava]

another great scalia quote:

Today's opinion is the product of a Court, which is the product of a law-profession culture, that has largely signed on to the so-called homosexual agenda, by which I mean the agenda promoted by some homosexual activists directed at eliminating the moral opprobrium that has traditionally attached to homosexual conduct.

[Agathon]

Originally posted by Drake Tungsten


Can't. Am at work now and won't be home for long after work. You'll have to find your sleaze somewhere else; I'm sure you can manage...

But you're the best. My attempts at sleaze are hopeless. I hope Ted's online.

[Sava]

more...

The best way to ensure tranquility is to allow unreasonable searches and seizures. We will have a tranquil society.

[Sava]

he just loves da butt sex, eh?

In holding that homosexuality cannot be singled out for disfavorable treatment, the Court... places the prestige of this institution behind the proposition that opposition to homosexuality is as reprehensible as racial or religious bias... this court has no business imposing upon all Americans the resolution favored by the elite class from which the members of this institution are selected, pronouncing that 'animosity' toward homosexuality is evil. I vigorously dissent. -- Scalia

[GePap]

Wait, someone cares what Scalia thinks?

[Imran Siddiqui]

FWIW, I don't agree with Scalia's basic premise. His example of the Senate confirmations of today being so partisan are a result of the partisanation of American politics. Back in the mid 1900s things were more civil. You'd approve the other President's judges and the other side would approve your President's judges. The ideological divide was at the executive level rather than the legislative level. Conservatives wanted to put conservative judges on the bench and liberals wanted to put liberals. It has just reached the floor of the Senate now.

While I don't agree with everything Scalia says, I think he's a great intellect on the bench and think that he deserves the Chief Justice spot after Rehnquist is gone.

[Sava]

I think he's a great intellect on the bench and think that he deserves the Chief Justice spot after Rehnquist is gone.

[Imran Siddiqui]

No legal scholar disagrees that Scalia knows his stuff. His opinions are clearly written and knife through the issues expertly. And, just for you, once in a while he comes up with an opinion that lefties like (like in Hamdi v. Rumsfeld)

[Rufus T. Firefly]

And if you think that the aficionados of the Living Constitution want to bring you flexibility, think again. My Constitution is a very flexible Constitution. You think the death penalty is a good idea: persuade your fellow citizens and adopt it. You think itfs a bad idea: persuade them the other way and eliminate it. You want a right to abortion: create it the way most rights are created in a democratic society. Persuade your fellow citizens itfs a good idea, and enact it.

" You think slavery is a good idea: persuade your fellow citizens and adopt it. You think it's a bad idea: persuade them the other way and eliminate it."
--- Justice Scalia's spiritual forebearers, "Bleeding Kansas," 1855

[Agathon]

While I don't agree with everything Scalia says, I think he's a great intellect on the bench and think that he deserves the Chief Justice spot after Rehnquist is gone.

[Sava]

I know, I used to think Imran was coming around... but this, OMG

[Drake Tungsten]

FWIW, I don't agree with Scalia's basic premise. His example of the Senate confirmations of today being so partisan are a result of the partisanation of American politics. Back in the mid 1900s things were more civil. You'd approve the other President's judges and the other side would approve your President's judges.

American politics have been pretty virulently partisan at other times in our nation's history. It would be interesting to see whether judicial appointments in those previous periods of intense partisanship were as contentious as they are today. If they weren't, then Scalia might have a point about the introduction of the living Constitution concept changing the stakes in judicial appointments.