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2005-03-15 Home Front: Politix

Scalia Slams 'Living Constitution' Theory

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Posted by Steve 2005-03-15 8:46:12 AM|| || Front Page|| [11130 views since 2007-05-07] Top

#1 Power brother! He gets it the democratic process! Chief Justice bound!

Posted by mmurray821 2005-03-15 9:05:53 AM|| 2005-03-15 9:05:53 AM|| Front Page Top

#2 He is absolutely right.

Congress has to do something about the Supreame Court and some of the lower advocacy courts (such as the 9th circus court). That is why our consitution has checks and balances.

Posted by CrazyFool 2005-03-15 9:15:20 AM|| 2005-03-15 9:15:20 AM|| Front Page Top

#3 Let's think in what the "living constitution" means. Quite simply that a mere judge can upturn a law who has been voted by the people through its representatives. Quite simply that a mere judge can derail a legal decision made by an elected president. Quite simply that a mere judge can change the Constitution in ways unintended by its creators, quite simply that we would be changing the beautifil first words "We, the people of the United States" in "We, the judges of the United States". Quite simply that we would have abandonned the principle of a governement from the people by the people for the people.

Posted by JFM 2005-03-15 9:35:42 AM|| 2005-03-15 9:35:42 AM|| Front Page Top

#4 As Walter E. Williams often says: "How would you like to play me poker, but let's have the rules be a 'living document'".

Scalia has got to be the next Chief.

Posted by eLarson 2005-03-15 10:57:32 AM|| [http://larsonian.blogspot.com] 2005-03-15 10:57:32 AM|| Front Page Top

#5 I heard sound bites of this on Laura Ingraham coming to work - probably one of the clearest minds on the supreme court ever. YES! He needs to be C.J.!!!!!!

Posted by BigEd 2005-03-15 11:08:44 AM|| 2005-03-15 11:08:44 AM|| Front Page Top

#6 Too late folks. Our elected officials have choosen to hide behind the robes of judges to get programs and cultural laws imposed upon the people. In doing so, the judical branch has assumed the power once held by the king. It will continue to assume more and more power and the other two branches can't stop it, the process is already compromised. The only hope is for us to follow the model of direct election of Senators made a hundred years ago and directly elect the Supremes. Nothing short of that will stop the shift of power to those who sit for life and are unaccountable to the governed.

Posted by Snung Snuth2112 2005-03-15 11:09:11 AM|| 2005-03-15 11:09:11 AM|| Front Page Top

#7 Snung - what it would take is the timely deaths of Ginsburg, Kennedy, et al, who invent law rather than interpreting it, and a rash of Republican backbone

Posted by Frank G 2005-03-15 11:13:14 AM|| 2005-03-15 11:13:14 AM|| Front Page Top

#8 Dr. Frist : Protect the constitution...

INVOKE THE NUCLEAR OPTION, NOW!

Posted by BigEd 2005-03-15 12:00:49 PM|| 2005-03-15 12:00:49 PM|| Front Page Top

#9 When Chief Justice John Marshall tried to force a national bank upon President Andrew Jackson, Jackson responded, "Marshall has made his decision, now let him enforce it."

Don't these judges realize that at some point people are going to say, "Enough!", and ignore them. Then we will have anarchy. That is not what we need.

Just yesterday, a San Francisco Superior Court judge ruled our proposition 22, the Marriage Definition referendum which was passed 61% to 39% in 2000 as unconstitutional. The case is on appeal, and will probably be overturned because the State Supreme court has mostly Wilson appointees...

These Black Robed Totalitarian Dictators don't get it, and eventually the unrestrained power thay have will be thier own downfall, and the downfall of us all...

Posted by BigEd 2005-03-15 12:13:41 PM|| 2005-03-15 12:13:41 PM|| Front Page Top

#10 The Massachusetts Supreme Court considers the state constitution an "evolving paradigm", which they usually envoke when one of their decisions tucks it up the voters asses.

Posted by tu3031 2005-03-15 12:48:26 PM|| 2005-03-15 12:48:26 PM|| Front Page Top

#11 Frank G is right: More spine, less whine.

Posted by Secret Master 2005-03-15 1:32:09 PM|| 2005-03-15 1:32:09 PM|| Front Page Top

#12 When Chief Justice John Marshall tried to force a national bank upon President Andrew Jackson, Jackson responded, "Marshall has made his decision, now let him enforce it."

I thought that quote was with regard to the Supreme Court decision regarding the illegality of government siezure of Cherokee land in Georgia (which had gold on it).

Posted by Ptah 2005-03-15 2:33:30 PM|| [http://www.crusaderwarcollege.org] 2005-03-15 2:33:30 PM|| Front Page Top

#13 Judge Scalia came to my law school and gave a lecture. I got to hang out near him at the wine-and-cheese party after the speech. If you listen to him talk for five or ten minutes, two things become very apparent:

1. He thinks he's the smartest person in the room.

2. He's right.

I should point out that while the Judge has a great deal of self-confidence, he is not arrogant nor condescending. It was fun watching him debate a then-recent case with one of our law review editors--he was quite respectful toward the "brash young kid" and seemed to enjoy the chance to trade ideas.

Posted by Mike 2005-03-15 8:57:39 PM|| 2005-03-15 8:57:39 PM|| Front Page Top

10:08 Hawk Eye
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