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Offlinelonestar2004
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Scalia Says Opponents Are 'Idiots'
    #5298477 - 02/14/06 09:23 AM (17 years, 11 months ago)

Scalia Dismisses 'Living Constitution'



PONCE, Puerto Rico - People who believe the Constitution would break if it didn't change with society are "idiots," U.S. Supreme Court Justice Antonin Scalia says.



In a speech Monday sponsored by the conservative Federalist Society, Scalia defended his long-held belief in sticking to the plain text of the Constitution "as it was originally written and intended."

"Scalia does have a philosophy, it's called originalism," he said. "That's what prevents him from doing the things he would like to do," he told more than 100 politicians and lawyers from this U.S. island territory.

According to his judicial philosophy, he said, there can be no room for personal, political or religious beliefs.

Scalia criticized those who believe in what he called the "living Constitution."

"That's the argument of flexibility and it goes something like this: The Constitution is over 200 years old and societies change. It has to change with society, like a living organism, or it will become brittle and break."

"But you would have to be an idiot to believe that," Scalia said. "The Constitution is not a living organism, it is a legal document. It says something and doesn't say other things."

Proponents of the living constitution want matters to be decided "not by the people, but by the justices of the Supreme Court."

"They are not looking for legal flexibility, they are looking for rigidity, whether it's the right to abortion or the right to homosexual activity, they want that right to be embedded from coast to coast and to be unchangeable," he said.

Scalia was invited to Puerto Rico by the Federalist Society for Law and Public Policy Studies. The organization was founded in 1982 as a debating society by students who believed professors at the top law schools were too liberal. Conservatives and libertarians mainly make up the 35,000 members.
http://news.yahoo.com/s/ap/20060214/ap_on_go_su_co/scalia_constitution


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America's debt problem is a "sign of leadership failure"

We have "reckless fiscal policies"

America has a debt problem and a failure of leadership.

Americans deserve better

Barack Obama


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OfflineSeussA
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Re: Scalia Says Opponents Are 'Idiots' [Re: lonestar2004]
    #5298572 - 02/14/06 10:03 AM (17 years, 11 months ago)

I guess the guys that wrote the US constitution were idiots then, since they included a method for the document to be changed over time as needed... even the original document didn't pass until ten changes (known as the Bill of Rights) were made... idiots, all of us...  :rolleyes:


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Just another spore in the wind.


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OfflineRedstorm
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Re: Scalia Says Opponents Are 'Idiots' [Re: lonestar2004]
    #5298593 - 02/14/06 10:15 AM (17 years, 11 months ago)

Scalia is such a cranky old man.

In all seriousness, I think his doctrine of originalism is just a way to back up his political beliefs that he already carried before becoming a judge. I don't care what judge you are, your way of reading the constitution is merely a way of supporting the beliefs you already have.


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Offlinelonestar2004
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Re: Scalia Says Opponents Are 'Idiots' [Re: Redstorm]
    #5298670 - 02/14/06 10:39 AM (17 years, 11 months ago)

you can change the constitution with an amendment right???

i am not an expert on the constitution, but should the supreme court be able to change the constitution?


--------------------
America's debt problem is a "sign of leadership failure"

We have "reckless fiscal policies"

America has a debt problem and a failure of leadership.

Americans deserve better

Barack Obama


Extras: Filter Print Post Top
OfflineRedstorm
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Re: Scalia Says Opponents Are 'Idiots' [Re: lonestar2004]
    #5298776 - 02/14/06 11:10 AM (17 years, 11 months ago)

I don't think the Supreme Court should be able to change the Constitution. Their job is to interpret it, not amend it.


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Offlinelonestar2004
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Re: Scalia Says Opponents Are 'Idiots' [Re: Redstorm]
    #5298839 - 02/14/06 11:28 AM (17 years, 11 months ago)

i am still pissed at Scalia for his medical marijuana decision.

IMO he did not practice what he preached.

"If Congress can regulate this under the Commerce Clause, then it can regulate virtually anything -- and the Federal Government is no longer one of limited and enumerated powers." Judge Thomas


the courts decisions on Interstate Commerce are changing the constitution.


--------------------
America's debt problem is a "sign of leadership failure"

We have "reckless fiscal policies"

America has a debt problem and a failure of leadership.

Americans deserve better

Barack Obama


Extras: Filter Print Post Top
OfflineRedstorm
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Re: Scalia Says Opponents Are 'Idiots' [Re: lonestar2004]
    #5298886 - 02/14/06 11:40 AM (17 years, 11 months ago)

They've been misusing the Commerce Clause since the Civil Rights Amendments were passed. It's a damn shame.


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Offlinelonestar2004
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Re: Scalia Says Opponents Are 'Idiots' [Re: Redstorm]
    #5298905 - 02/14/06 11:43 AM (17 years, 11 months ago)

HB are you 21 today?


--------------------
America's debt problem is a "sign of leadership failure"

We have "reckless fiscal policies"

America has a debt problem and a failure of leadership.

Americans deserve better

Barack Obama


Extras: Filter Print Post Top
Invisibleluvdemshrooms
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Re: Scalia Says Opponents Are 'Idiots' [Re: Seuss]
    #5299163 - 02/14/06 01:11 PM (17 years, 11 months ago)

Quote:

Seuss said:
I guess the guys that wrote the US constitution were idiots then, since they included a method for the document to be changed over time as needed... even the original document didn't pass until ten changes (known as the Bill of Rights) were made... idiots, all of us...  :rolleyes:



There is a difference between changing it and reading things into it that simply aren't there.


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You cannot legislate the poor into prosperity by legislating the wealthy out of prosperity. What one person receives without working for another person must work for without receiving. The government cannot give to anybody anything that the government does not first take from somebody else. When half of the people get the idea that they do not have to work because the other half is going to take care of them and when the other half gets the idea that it does no good to work because somebody else is going to get what they work for that my dear friend is the beginning of the end of any nation. You cannot multiply wealth by dividing it. ~ Adrian Rogers


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OfflineRedstorm
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Re: Scalia Says Opponents Are 'Idiots' [Re: lonestar2004]
    #5299977 - 02/14/06 04:45 PM (17 years, 11 months ago)

Thanks!

Yep, today's my 21st.


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Offlinelonestar2004
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Re: Scalia Says Opponents Are 'Idiots' [Re: luvdemshrooms]
    #5300035 - 02/14/06 04:59 PM (17 years, 11 months ago)

kinda like judicial interpertation sometimes by-passes the legislative process...and takes on the characteristics of legislation....


--------------------
America's debt problem is a "sign of leadership failure"

We have "reckless fiscal policies"

America has a debt problem and a failure of leadership.

Americans deserve better

Barack Obama


Extras: Filter Print Post Top
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