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1 aagcobb  Wed, May 1, 2013 6:56:19am

It is alive in the sense that the legal principles ought properly to be applied to situations not contemplated by 18th and 19th century white men. The 14th Amendment doesn’t say that states shall not deny equal protection of the law to any person except homosexuals, so we shouldn’t read the presumed social prejudices of the 19th Century into the Constitution when applying the principles that are set forth in it.

2 Buck  Wed, May 1, 2013 1:08:05pm

Way to pick out a portion of a sentence out of context and change the meaning.

Funny how that works.

He said law schools don’t adequately emphasize that decisions should reflect the letter of the law.
He spoke of schoolchildren coming to visit the Supreme Court and calling the Constitution a “living document.”
“It’s not a living document. It’s dead, dead, dead,” he said.

I can understand that you might disagree with the “living document” idea. However it is clear that he didn’t say that the Constitution is dead.

3 Romantic Heretic  Wed, May 1, 2013 3:50:27pm

Did you read the same article I did, Buck?

Oh yes. You did. Interesting interpretation of Scalia’s statement. I don’t know how you used this to decide I didn’t believe the Constitution is a living document.

Because it is.

4 EPR-radar  Wed, May 1, 2013 6:53:45pm

I can’t believe that Scalia had the nerve to say “The judge who always likes the results he reaches is a bad judge”, implying that judges need to be true to the law even if there is a conflict with the judge’s beliefs.

I’m certainly not aware of any supreme court case where Scalia followed the law and arrived at a result contrary to right wing judicial orthodoxy.


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