1) Complete Antonin Scalia's statement about the Constitution: "I don't think it's a living document. _________________"
Clarence doesn't, either.
And people who say it is are idiots.
I think it's dead.
2)....
2 comments:
Anonymous
said...
I hope you watched the entire interview on 60 minutes last week. He is very impressive!!
I especially liked how he evicerated the "living document" movement!
If you literally think he thinks it is dead, you should read his book. He was saying that to prove his point that it is NOT a living document, but quite the opposite he believes in originalism, a thought that the Constitution has a fixed and knowable meaning, which was established at the time of its drafting.
So, metaphorically, it is dead, as there is no room for creation of new "rights" under the existing constitution. Just as something dead, cannot "create" new tissue.
Point taken. However, how did he come up with his vote then on the 2000 election? I don't think the Constitution covered judicial interference in the counting of votes.
2 comments:
I hope you watched the entire interview on 60 minutes last week. He is very impressive!!
I especially liked how he evicerated the "living document" movement!
If you literally think he thinks it is dead, you should read his book. He was saying that to prove his point that it is NOT a living document, but quite the opposite he believes in originalism, a thought that the Constitution has a fixed and knowable meaning, which was established at the time of its drafting.
So, metaphorically, it is dead, as there is no room for creation of new "rights" under the existing constitution. Just as something dead, cannot "create" new tissue.
Point taken. However, how did he come up with his vote then on the 2000 election? I don't think the Constitution covered judicial interference in the counting of votes.
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