Isn't It Rich

"He who shall introduce into public affairs the principles of primitive Christianity will change the face of the world." Benjamin Franklin

Thursday, May 05, 2005

Justice Scalia: "Living Constitution Doesn't Exist"

In a speech today at Texas A & M, Supreme Court Justice Antonin Scalia criticized the notion held by several of the Supremes, that the Constitution is a living breathing document which changes from generation to generation:
Criticizing those who believe the Constitution should be flexible and adapted to modern times, Associate Supreme Court Justice Antonin Scalia said Thursday during a speech at Texas A&M University that there is no such thing “as the living Constitution.”
Scalia was speaking as part of the Twanna M. Powell Lecture at the George Bush Presidential Conference Center.
“I’m what you call an ‘originalist,’ one who believes the Constitution should be interpreted exactly as it was adopted,” Scalia added.
“It should be interpreted as it was written – nothing more, nothing less. Rights do not grow smaller or larger. Some legal experts say you have to interpret the Constitution broadly, but that’s not true under any circumstance.”
Scalia, who was appointed to the Supreme Court in 1986 by President Ronald Reagan, added, “You hear the phrase ‘the living Constitution’ and that it’s a ‘living’ document. I’m a believer in the dead Constitution. Maybe we should better phrase it ‘the enduring Constitution.
“The Constitution is not a living document. It’s a legal document, and legal documents do not change.”
Scalia said that such controversial subjects as the death penalty and abortion are really not Constitutional issues “because there’s not one word about them in the Constitution. People who believe in a living Constitution would like to see such things as un-Constitutional.”
The Constitution, he added, does exactly what it’s supposed to do: “It provides stability,” he said.
Bush , when introducing Scalia, said that he “was a free spirit and deep thinker. He shares his views openly, and he is certainly thought-provoking.”
Among the overflow crowd to hear Scalia were members of the Texas Supreme Court, the Fifth Court of Circuit Appeals and numerous federal and state judges.
A native of Trenton, N.J., Scalia graduated from Harvard Law School and was a Sheldon Fellow of Harvard University. He was also a law professor at the University of Virginia and the University of Chicago and visiting law professor at Stanford and Georgetown. He served the federal government as General Counsel of the Office of Telecommunications Policy and was appointed judge of the U.S. Court of Appeals for District of Columbia in 1982.
He and his wife, Maureen, have nine children.
Scalia, who was approved as a Supreme Court justice by a vote of 98-0, said such approval “would never happen today. Congress wants moderates and a moderate interpretation of the Constitution. The ‘living’ Constitution idea is seductive to the man on the street, and even to some judges.
“But we must apply the words as they were originally written and we must be bound by their original meaning. We must think of what the words are and what the words meant when the people adopted them.
“The Constitution doesn’t ‘morph’ to be what we want it to be.”
Scalia said if there were one change he could make to the Constitution, it would be to make amendments to it an easier process.
“Amendments are not easy to do,” he added.
“They must be ratified by three-fourths of the states. But someone figured out that with the population disparity of states today, only two percent of the total population could prevent an amendment from being passed. It’s very difficult to get an amendment passed.”
H/T Free Republic.

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