Scalia on Constitutional Interpretation

[Sava]

Imran: oh yeah its just a small world, besides, nothing dirty going on there right

[Agathon]

Aggie put those words in quotes so I assumed Scalia made that comment "off the record".

Love you Dude. That made my day.

[Imran Siddiqui]

Originally posted by Sava
Imran: oh yeah its just a small world, besides, nothing dirty going on there right

This is why we don't put you in charge of anything. You are obviously an idiot .

[Agathon]

Actually I don't think so. Our judges should be good in legal scholarship.

Why? They should be decent people. Otherwise what guidance do they have in difficult cases where the law does not directly specify what to do?

I think my over the top made up quote isn't too far from what Scalia actually believes. He is a religious bigot at heart who is driven by hate. Making a man like that a supreme court justice just shows how low we have come.

[Sava]

this is so terrible to think I used to value your opinion Imran

[Imran Siddiqui]

Why? They should be decent people. Otherwise what guidance do they have in difficult cases where the law does not directly specify what to do?

Their guidance is precedent or laws and rulings of the states and the reasoning of the lower courts. I don't care if the people on the court are reasonable people. That doesn't enter into my calculus.

I like Scalia's scholarship of the law. He is a very good justice and perhaps my favorite on the bench, even though I don't agree with everything he says. Though I also like Justice Kennedy, who is nothing like Scalia .

[Sava]

yeah Scalia has a good clue about where the law comes from:

It's a symbol of the fact that government comes — derives its authority from God.

your hero Imran

[Berzerker]

Imran

That doesn't mean he is a proponent of a living Constitution. He could be doing what he condemns, but he doesn't back the idea of a living Constitution.

If he is doing what he condemns, he is guilty too. Actions speak louder than words. They treat the Constitution as a living document, he condemns them. He treats the Constitution as a living document, he's giving a fair reading.

No, Aggie made the statement up. Do you REALLY think he'd say that even off the record?

I thought the comment was over the line even for Scalia, but yes, I think it reflects his views and could have been said among friends/colleagues.

Drake

Agreed. He may be a hypocrite, but that doesn't make him a proponent of a living constitution.

If I say I oppose murder and run around murdering people, obviously I don't oppose murder. This is a common ploy I see among Republicans, complain about media bias and then tune in to Fox News.

[OzzyKP]

Originally posted by Agathon

Actually I don't think so. Our judges should be good in legal scholarship.

Why? They should be decent people. Otherwise what guidance do they have in difficult cases where the law does not directly specify what to do?

I think my over the top made up quote isn't too far from what Scalia actually believes. He is a religious bigot at heart who is driven by hate. Making a man like that a supreme court justice just shows how low we have come.

A bigot driven by hate? Oh gimmie a break.

I do like what he has to say about the Constitution being a "living document". Of course it is and should be, but as he notes, there is a process for that, and it doesn't involve just reinterpreting it to meet any standard. The majority decision in roper v. simmons (the juvenile deathpenalty case) was quite bad, and quite a sign of "activist judging".

Not to say that I like Scalia much, and Berz is probably right that he looks for and ignores things in the Constitution plenty on his own, from his own side of things. But his speech (or at least the parts quoted here), taken alone, is spot on.

[Drake Tungsten]

Not to say that I like Scalia much, and Berz is probably right that he looks for and ignores things in the Constitution plenty on his own, from his own side of things. But his speech (or at least the parts quoted here), taken alone, is spot on.

That's pretty much how I feel, as well.

[Imran Siddiqui]

Scalia has a good clue about where the law comes from

I know you have an irrational hatred about religion, but what is so wrong about that statement? I'd argue that most Americans believe that statement even though both of us do not.

[Berzerker]

Love you Dude. That made my day.

Bastard...or...are you a mindreader in touch with Scalia's inner thoughts...? Hmm... I need more pot, I've lost my sense of humor.

[Sava]

Originally posted by Imran Siddiqui

Scalia has a good clue about where the law comes from

I know you have an irrational hatred about religion, but what is so wrong about that statement? I'd argue that most Americans believe that statement even though both of us do not.

No doubt Osama bin Laden believes in it too.

Gee, silly me... here I thought American government derived it's power from the people. That's supposedly what democratic Republics do. It's good to know your pick for the Chief Justice of the Supreme Court of the United States believes we are a theocracy.

[GePap]

So Scalia is a hypocrite. Again, why does anyone care what this guy thinks?

[Ted Striker]

Strict interpretation

Living Document