Scalia Criticizes Judges Who Believe Constitution Should Be Reinterpreted

[jefferson_dem]

Bulletin : anyone who doesn't agree with Scull-eeee-yuk's twisted reading of our founding document is...wrong.

Scalia Criticizes Judges Who Believe Constitution Should Be Reinterpreted as Society Changes

By Bob Lowry Associated Press Writer
Published: Apr 16, 2005

LEXINGTON, Va. (AP) - Supreme Court Justice Antonin Scalia criticized judges who believe the Constitution should be reinterpreted as society changes, saying that philosophy allows courts to bend the law to suit a political agenda.
Scalia also said increasing partisanship among judges was one reason why the Senate questions judicial nominations about their personal views on issues such as abortion and confirms only candidates regarded as "moderate."

"A moderate judge or justice is what most people like," Scalia said, but judges' personal views should not matter since judges are responsible for upholding the law.

Scalia, speaking Friday at Washington and Lee University, argued that judges too often read rights into the Constitution on issues such as abortion and assisted suicide at the expense of the democratic process.

"It's making our system more rigid, not more flexible. It's simply irrational," Scalia said.

<SNIP>

http://ap.tbo.com/ap/breaking/MGBLE8SML7E.html

[Tandalayo_Scheisskopf]

1. Surely, Scarface is one...

To speak to the issue of partisanship.

[smoogatz]

2. Since there's no right to privacy

Fat Tony owes us all an answer regarding the matter of his sex life. Does he sodomize his wife, or does she sodomize him?

[ET Awful]

3. And what exactly DID he and his buddy Dick do on that "hunting"

trip they took? Were they hunting duck or getting goosed?

[HardElection]

4. The headline

just reaks of RW propaganda emphasis on "Reinterpreted"

[newyawker99]

18. Hi HardElection!!

Welcome to DU!! :toast:

[HardElection]

19. Thank You!

[Gman]

5. Bush v. Gore

"...judges' personal views should not matter since judges are responsible for upholding the law."

Yeah, right. How does this guy say this stuff with a straight face?

[Freedom_from_Chains]

6. Acutally for Scalia

This represents some of the more rational things I have seen him quoted as saying.

[gtar100]

11. True, but his own actions are contradictory

bush v Gore, destroying reporter's tapes, etc... I don't trust him to uphold constitutional law any further than I could throw him.

[Freedom_from_Chains]

15. Oh I don't trust him either

I'm just surprised to see him quoted and not ranting and raving.

[daleo]

7. The original constitution allowed slavery and denied women the vote

I suppose he would like to have the original interpretation back on those matters, too.

[jefferson_dem]

8. Amazing how some can claim that they actually know what the founders

"original" intent was based on a divine *interpretation* of extra-constitutional supplemantal writings while they criticize others for applying the actual constitution itself in light of the real life context in which a case exists.

[gtar100]

12. Maybe that's his motive

[trapper914]

17. Original intent?

The right to bear arms=the right to bear muskets

[hootinholler]

20. It also meant cannon, powder stores, etc.

The 2nd isn't about keeping a hunting rifle, in today's terms, it's about being able to buy LAWS at wally world. It was about maintaining the means to rebel in the hands of the people.

-Hoot

[struggle4progress]

9. What does Scalia think Amendments IX and X mean?

??? judges too often read rights into the Constitution ???

[Lexingtonian]

10. Why does anyone believe what he says?

I used to think his way of dealing with the Constitution was at least respectable, even if I didn't agree with it. As I've looked at it more and in greater depth over the years, I can't figure out why anyone gives it genuine deference doesn't see it for its absurdity.

It's a little like gay marriage. It takes a long time to decide that it's really, fundamentally, not just a good idea but what justice and morality demand. But once you're there, you can never figure out why you thought the opposite so reasonable.

[truthisfreedom]

13. scalia is an activist judge who is very noisy about his opinions.

[Disturbed]

14. "Rights"

We wouldn't want any judges to grant the citizens "rights" would we?

[mtnester]

16. So, was he looking in the mirror when he said that?

Appalling campaigning for Rehnquist's job...making himself look like a strict interpretist.

[lawladyprof]

21. Dred Scott--strict interpretation's finest hour--eom

N/T