General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsScalia: Judges Not Qualified to Legislate 'Homosexual Sodomy'
Conservative Supreme Court Justice Antonin Scalia told a group of lawyers in Colorado this weekend that the Holocaust was brought about, in part, by judicial activism, and that judges shouldn't be policymakers.
Speaking to a group of attorneys from the Utah State Bar Association gathered at Snowmass Village in Aspen, Colo., on Saturday, Scalia reaffirmed his belief that the U.S. Constitution is a "static" document that should be interpreted strictly as it was written. Calling himself a strict "originalist," Scalia rejected arguments that the Constitution is a "living" document that evolves with societal progress.
As such, he argued, elected officials should be the ones to determine society's views on moral issues like abortion, capital punishment, and gay sex between adults, rather than the nation's highest court.
"Who in a democratic society should have the power to determine the governments view of what natural law is?" Scalia asked, according to the Aspen Times. "In an open, democratic society, the people can debate these issues."
http://www.advocate.com/politics/2013/07/22/scalia-judges-not-qualified-legislate-homosexual-sodomy
Even though he himself admits he's not qualified, he doesn't seem to have a problem doing it.
MineralMan
(146,317 posts)That won't happen, but it should. He is a dangerous man.
BeyondGeography
(39,374 posts)Enrique
(27,461 posts)Politicalboi
(15,189 posts)"Scalia rejected arguments that the Constitution is a "living" document that evolves with societal progress".
So wouldn't that mean we should be using muskets for guns? I'm for that. That's what was being used when the 2nd Amendment was written.
Heather MC
(8,084 posts)sinkingfeeling
(51,457 posts)in his 'original Constitution'?
Cali_Democrat
(30,439 posts)Didn't he just say the voting rights act should be repealed because lawmakers can't be trusted to legislate correctly. He essentially defended his right to become a policymaker in that case.
Heather MC
(8,084 posts)He only says what suits him best at the time he says it. He is a static individual not a living one, you can use his past words against him
geek tragedy
(68,868 posts)cali
(114,904 posts)about the Holocaust, judicial activism is low on that list. The court system in Germany after 1936 or so was wholly a part of the Nazi Regime. It maintained virtually no independence. In any case, the Holocaust wasn't adjudicated in any court so I'm somewhat at a loss as to what he means precisely.
Even more idiotic is his saying he's a strict constructionalist. Does that mean he believes that the 3/5 compromise should still hold? No vote for women?
He's a poisonous asshole.
bemildred
(90,061 posts)Brewinblue
(392 posts)"Who in a democratic society should have the power to determine the governments view of what natural law is?"
Hmm, I don't know, the Ayatollah perhaps, or the Mullahs?
Initech
(100,079 posts)Or Bush v. Gore, or the voting rights act, or any of the hundreds of truly horrible decisions he's made throughout the years.