9.21.2004

Scalia Speaks

Justice Antonin Scalia says unelected justices too often choose to read new rights into the Constitution, at the expense of the democratic process. He is right. Scalia is a strict Constitutional interpreter; in other words, he views his duty as the application of the constitution to today's problems through faithful utilization of the mindset of those who set the words to paper and of those who then approved them as they were set to paper.

Not an easy position in this day. So many folks like to flow with the tide of personal sentiment.

"You want the death penalty? Persuade your fellow citizens" to pass legislation or a constitutional amendment, Scalia said. "You don't want abortion? Persuade them the other way. ... Judges have no more capacity than the rest of us to determine what is moral."

In his interview, he made no mention of impending retirements. However, he alluded to the volcanic climate surrounding the appointment of Justices to the high court.

"Each year, the confirmation of judicial appointments grows more intense. One shudders to think what sort of turmoil will greet the next appointment to the Supreme Court," Scalia told an audience of 60 at the conservative Ethics and Public Policy Center.

And so it goes.

Comments:
I agree with Moomont, he is not a waffler who points his gun in every direction but never pulls the trigger, like Kerry

Damn Straight
 
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