“The due process clause has been distorted so it’s no longer a guarantee of process but a guarantee of liberty. But some of the liberties the Supreme Court has found to be protected by that word - liberty - nobody thought constituted a liberty when the 14th Amendment was adopted. Homosexual sodomy? It was criminal in all the states. Abortion? It was criminal in all the states.”
“The way to change the Constitution is through amendments approved by the people, not by judges altering the meaning of its words."
Basically he doesn't in the idea of a “living constitution”.
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3 comments:
It's asshats like this that make one question the justice system.
Of course, he believes in the theory of the frozen constitution.
As do Roberts and Alito. I'll give Thomas a pass as he's the only token on the court but even he has similar beliefs.
I'm sort of hoping for a couple of key assassinations so that Obama gets to appoint more liberal justices to the court.
Or we could kill Scalia with kindness. Feed him lasagna, canolli, and all those rich things. Every day! For at least six months.
He'll be happy and fed and die of coronary disease.
He is a proponent of "Originalism" which would interpret the Constitution according to the understanding of the Founding Fathers. One problem with that is that the founders didn't agree what the Constitution meant! The Federalists (Washington, Adams, and Hamilton) advocated a strong central government. Democratic Republicans (Jefferson, and [ironically] Madison) advocated more states rights, even to the point of starting a strategy of nullification, where states could "nullify" acts of congress when they didn't agree with them.
History class has been fascinating.
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