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Ares
29th January 2013, 05:42 PM
Supreme Court Justice Antonin Scalia on Monday said the U.S. Constitution was “dead, dead, dead” and lashed out at school child who he said had visited the high court with the wrong view of the document.

During a lecture at Southern Methodist University to promote their second book together, SMU law professor Bryan A. Garner noted that “my political beliefs are different from those of Justice Scalia,” according to The Dallas Morning News.

Garner explained that he was in favor of marriage rights for LGBT people and additional laws to control firearms.

“I haven’t expressed my views of either of those,” Scalia insisted, adding, “You’re a bleeding heart.”

The justice noted that law schools did a poor job at emphasizing that court decisions should be based on the letter of the law, and recalled that even school children who visited the Supreme Court had referred to the Constitution as a “living document.”

“It’s not a living document,” Scalia said. “It’s dead, dead, dead.”

Speaking at the Woodrow Wilson Center in 2005, Scalia had rejected the idea of a “living Constitution” and criticized a ruling that banned the juvenile death penalty based on “evolving notions of decency.”

“If you think aficionados of a living Constitution want to bring you flexibility, think again,” he warned. “You think the death penalty is a good idea? Persuade your fellow citizens to adopt it. You want a right to abortion? Persuade your fellow citizens and enact it. That’s flexibility.”

“Why in the world would you have it interpreted by nine lawyers?”

http://www.rawstory.com/rs/2013/01/29/scalia-berates-school-children-visiting-court-constitution-is-dead-dead-dead/

osoab
29th January 2013, 05:45 PM
So is Scalia barry's next replacement?

midnight rambler
29th January 2013, 05:52 PM
If the Constitution were a 'living document' that would mean it could 'evolve'. Yet I don't think calling it 'dead' is appropriate either.

sirgonzo420
29th January 2013, 06:00 PM
If the Constitution were a 'living document' that would mean it could 'evolve'. Yet I don't think calling it 'dead' is appropriate either.

That leaves us with a zombie constitution.

palani
29th January 2013, 06:02 PM
Sort of like Latin. The language is dead so it does not evolve. A sentence in Latin from 2,000 years ago has the same meaning as today.

I don't know that what Scalia said is wrong but could be interpreted the wrong way. What is written is fixed. That makes it not subject to change. He chooses to call this state "dead".

palani
29th January 2013, 06:03 PM
That leaves us with a zombie constitution.

You would have less to complain about.

Carl
29th January 2013, 06:30 PM
A living Constitution means it's amenable to populist whim, such as murdering preborn babies is OK as long as it's a popular view.

A dead Constitution means it's steadfast in its meaning and can only be amended by a process, the law is the law and murder under any populist guise is still murder.

Hatha Sunahara
29th January 2013, 06:58 PM
Scalia is a fascist. They don't teach kids about that in public schools. It's something you have to discover for yourself.


Hatha

Libertytree
29th January 2013, 07:17 PM
The Constitution, The Bill Of Rights and the Declaration seem pretty plain, cut and dry to me and I'm a regular dude with moderate education. I believe that these documents were written in their manner for a reason, so most ALL people could understand them and how they all work in tandem in conveying their intent and meaning.

When all these assclowns twist and pervert plain language it pisses me off!