Friday, May 09, 2008

Justice Scalia

Some thoughts about Supreme Court Justice Antonin Scalia's recent appearance on 60 Minutes. The usual suspects (left-wing nutcases like those who post for BluffingtonPost) ranted as predicted about this horrible man. Well, now for the truth.
Justice Scalia adheres to a principle of Textualism. This means he relies upon context when interpreting the constitution. The loony lefties prefer something called "the living document" approach to interpretation. This means that justices are supposed to guess at what the prevailing winds of opinion are in the country at any given time and make the constitution fit those winds. In other words, interpreting the constitution becomes whatever a majority of justices want it to mean. Now there's good law for you! The constitution of the United States means whatever at least five people think it means at the time. Of course, six months later it may mean something entirely different, but hey, let's not any rigid the law-is-the-law attitude hold us back from using the constitution to promote all sorts of nutty sociology. Remember, this is a society that is supposed to make people feel good about themselves. You know, of course, that if the Left had its way, only white businessmen would go to jail. Everyone else is a victim.

The Supreme Court is supposed to be a separate branch of the government, NOT an appendage of the legislature, which is sadly what it has become. Noted constitutional scholar Alexander M. Bickel (a liberal, by the way) warned against this when he wrote, "The radical justices who are engaged in amending the constitution are simply a body of electorally irresponsible politicians, and there can be no excuse for letting them exercise a veto over the actions of other politicians, who are responsible to the voters." Justice Scalia agreed when he wrote, "...a democratic nation does not need a written constitution to reflect current values. Elections do that. A written constitution is needed to protect values against prevailing wisdom." God bless Nino Scalia!

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