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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsScalia 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."
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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
UTUSN
(70,711 posts)The Velveteen Ocelot
(115,735 posts)in Bush v. Gore and Citizens United.
smirkymonkey
(63,221 posts)Cyrano
(15,041 posts)Hypocrisy, thy name is Scalia.
hifiguy
(33,688 posts)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)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.
Gothmog
(145,321 posts)11 Bravo
(23,926 posts)Warren DeMontague
(80,708 posts)Waaaah. Waaaah.
He's still mad that Lawrence and Griswold mean the government cant outlaw blasphemy and masturbation.
underpants
(182,830 posts)Hmmm something could be up with this
YabaDabaNoDinoNo
(460 posts)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)SCOTUS is not geographically representative, only graduates of a handful of elite law schools are Justices, and it is overwhelmingly Catholic.