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kpete

(71,997 posts)
Wed Sep 23, 2015, 01:31 PM Sep 2015

Scalia is sad & that makes me happy.

In his speech, Scalia distinguished "originalism," which calls for adherence to the original text and meaning of the Constitution when interpreting it, from the theory of a "living" Constitution, which views the document as one that evolves and changes over time without being amended.

"They're not adhering to the text, they're operating as policy makers," Scalia, an "originalist," said of believers in a "living" Constitution. "They're not interpreting the constitution. They're writing one, they're revising one."

...................

On Tuesday, he called the same-sex marriage ruling "the furthest imaginable extension of the Supreme Court doing whatever it wants."

Scalia also noted that only one sitting Supreme Court Justice, Clarence Thomas, is from the South: The others are from California, New York and New Jersey. He said believers of a "living" Constitution should be upset by that.

"You should be upset because these people are making a new Constitution and they are terribly unrepresentative of the country," he said.





The Pope would probably give me penance for smiling (I would just tell him I am from California):
http://bigstory.ap.org/article/68440dae589743749a1e50ad071d9c89/scalia-addresses-constitution-same-sex-marriage-speech

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hifiguy

(33,688 posts)
5. Every justice has always interpreted the Constitution.
Wed Sep 23, 2015, 01:49 PM
Sep 2015

Judge Richard Posner demolished both Scalia and "originalism" in one article.

Link: http://www.newrepublic.com/article/magazine/books-and-arts/106441/scalia-garner-reading-the-law-textual-originalism

Posner goes so far as to, in a rather polite way, call Scalia an intellectual fraud and huckster.

Nuff said.

Jamastiene

(38,187 posts)
6. Me too.
Wed Sep 23, 2015, 01:51 PM
Sep 2015

I think anytime Scalia is unhappy, an entire chorus of angels get their wings somewhere. It means something went right, if he haz a sad.

Warren DeMontague

(80,708 posts)
9. How did i know he was going to be blubbering over teh gay nerpshuls?
Wed Sep 23, 2015, 02:50 PM
Sep 2015

Waaaah. Waaaah.

He's still mad that Lawrence and Griswold mean the government cant outlaw blasphemy and masturbation.

underpants

(182,830 posts)
10. Alito also gave a speech this week critiquing members of the Court
Wed Sep 23, 2015, 03:00 PM
Sep 2015

Hmmm something could be up with this

 

YabaDabaNoDinoNo

(460 posts)
11. So sayth the man who IGNORES the parts of the Constitution that don't jive
Wed Sep 23, 2015, 03:11 PM
Sep 2015

With the nonsense he calls originalism in his rulings

Not only his he a sorry excuse for a jurist he is a sorry excuse for a human

Ex Lurker

(3,814 posts)
12. Somewhere in all that get off my lawn ranting, he does make a point.
Wed Sep 23, 2015, 03:31 PM
Sep 2015

SCOTUS is not geographically representative, only graduates of a handful of elite law schools are Justices, and it is overwhelmingly Catholic.

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