The Hypocrisy of the Strict Constructionists

[johnaries]

The members of the SCOTUS who claim to be "Strict Constructionists" who claim they interpret the Constitution as it was written word by word rather than trying to discern the intentions of the Founders ...

These same members who rail against other members who try to interpret the "spirit of the law" against the "letter of the law" and claim that by doing so they are "legislating from the bench"...

Are more guilty of "legislating from the bench" than those interpretists they rail against.

How long will we allow hypocrisy to be the agenda of the day?

[gumby]

1. "Strict Constructionist"

Is on the top of my Baloney Meter.

I think Rehnquist coined the phrase. Maybe that's why he earned those gold stripes on his robe during the Clinton impeachment? Don't forget that Rehnquist was actively involved in suppressing minority voters.

Here's the definition from John Dean's book:

Q: The book refers to a document in which Rehnquist defines or describes a "strict constructionist." Given the fact that President George Bush said that was what he would appoint to the Court during the 2000 presidential campaign, let me ask as a final question what you think of Rehnquist's explanation of what a strict constructionist is.

A: It is the most honest definition or description of a strict constructionist I have ever seen, and given the fact it was provided by the Chief Justice of the United States, a jurist who considers himself a strict constructionist, I don't believe anyone can ignore it. However, I think that if the president ever appoints a strict constructionist as defined by Rehnquist, he should be tarred and feathered by the media. And I think anyone who is aware of the Chief Justice's explanation and who has any sense of decency would agree.

The Rehnquist definition was in a memo he sent to the White House when he was an Assistant Attorney General in charge of the Office of Legal Counsel and was vetting Judge Clement Haynsworth. It is quite remarkable, but he asserts that a strict constructionist judge is one who favors criminal prosecutors over criminal defendants, and civil rights defendants over civil rights plaintiffs. It is, for me, a description of a person who should be automatically disqualified from sitting on any court. Under Rehnquist definition a strict constructionist is obviously a biased judge as well.

http://writ.news.findlaw.com/hilden/20011101.html

For me Strict Constructionist = Racist

[zbdent]

2. So, would Michael Steele agree to no rights of his own?

I mean, he IS owned by the Repug party, especially Rush Limbaugh ...