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Thread: Justice Scalia: Rival doctrine seeks rigidity

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    Justice Scalia: Rival doctrine seeks rigidity

    Justice Scalia: Rival doctrine seeks rigidity


    TUCSON, Ariz. U.S. Supreme Court Justice Antonin Scalia says those who want modern-day legal interpretations to view the U.S. Constitution through contemporary lenses are seeking rigidity, not flexibility, in the country's justice system.

    Scalia is well-known as a strict constructionist in his interpretation of the Constitution. He told a Tucson audience Monday that the rival approach favors sweeping judicial decrees to shape society "coast to coast" on issues such as abortion, rather than seeking to pass laws state by state.

    Scalia appeared with fellow Justice Stephen Breyer to discuss how courts should apply the Constitution.

    Breyer says interpretations should consider current circumstances because society has different values than it did in the 18th century on matters such as cruel and unusual punishment.

    Justice Scalia: Rival doctrine seeks rigidity - Yahoo! News

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    I have no problem with a state passing anti abortion laws, that is their right as much as I disagree. I do not feel it is the feds responsibility to make it a law of the land.

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    Re: Justice Scalia: Rival doctrine seeks rigidity

    If you've ever sat down and tried to read a Scalia decision you would see what an absolute fool he is.

    Scalia decides what he wants to decide and then goes through the most convoluted reasoning in order to justify what he wanted to decide.

    His clinging to the strict constructionist label is a joke.

    I remember when I was in law school....I would start reading a case decision, get half way through, saying what the......, flip back to the beginning and practically ever time the author of the majority was Scalia.
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    Re: Justice Scalia: Rival doctrine seeks rigidity

    What most Liberals Judges that like to legislate from the bench fail to understand is the Constitution was written and worded in such a way that subtle interpretations are all that are ever needed and that major reinterpretations are not possible and that is why amendments are possible but require more than just simple majority to pass.
    Even people like Obama whom has been hailed as a Constitutional scholar fails to recognize this beauty of this document. It is written in such a way to protect the people from such outlandish and Nationally destructive ideas as redistribution of wealth that comes with Socialism/Communism.
    In this story the use of Abortion is just an example of the attempts at sweeping judicial decrees to shape society that must not be allowed to take place.

    Is the Constitution a perfect document. Hell no but it sets standards of treatment of citizens and allows them rights like no other in the history of the world. Those who oppose it and would make or force sweeping changes have twisted ideas of right and wrong and justice. They also fail to take into consideration that history shows that as wonderful as Socialism/Communism may seam to some they have always failed and in the process has cost millions of lives and destroyed Nations in those experiments, because men are involved and greed along with the fact that redistribution of wealth works only until the incentive to make more money do better is gone and playing field has been leveled because that level always goes down dramatically and continues down until the only thing left is nothing.
    Our Constitution has never been even close to being equaled in it brilliance, scope, or importance. To tamper with it requires solemn consideration while keeping in mind the goals it was written in order to achieve, and that requires a complete understanding of the events and more that lead to it's creation including the Declaration of Independence another wonderfully important document.
    Each and every American would do well to study the early history of our Nation and the reasons behind it's establishment and the goals and ideals the founding father had in mind even though they recognized that they were unable at the time to achieve all those ideals and establish a new nation that would one day be able to mature and grow into those ideals, which in the last 233 years we have done far and away more than any Nation or people in the history of man. Are we perfect? Hell no there are people who are held back still but mostly by those who claim to be on their side because they benefit from keeping them down because it keeps them in power.

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    Re: Justice Scalia: Rival doctrine seeks rigidity

    Quote Originally Posted by Just Plain Jim View Post
    Scalia is well-known as a strict constructionist in his interpretation of the Constitution.
    This part made me laugh out loud. Comments like that usually come from people who have never read a Scalia opinion or are not aware of his complete voting record.

    Scalia is a brilliant man when he wants to be, but he is by no means a strict constructionist, and he only believes in states rights when those rights agree with his own ideals. I find it odd that so many people cry "strict construction of the Constitution", yet they ignore the Equal Protection and Liberty Clauses of the Fourteenth Amendment.
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    Re: Justice Scalia: Rival doctrine seeks rigidity

    Quote Originally Posted by disneydude View Post
    If you've ever sat down and tried to read a Scalia decision you would see what an absolute fool he is.

    Scalia decides what he wants to decide and then goes through the most convoluted reasoning in order to justify what he wanted to decide.

    His clinging to the strict constructionist label is a joke.

    I remember when I was in law school....I would start reading a case decision, get half way through, saying what the......, flip back to the beginning and practically ever time the author of the majority was Scalia.
    And I'd say the exact same thing about a Stevens opinion. Funny how personal politics can skew a person's perspective like that.

    Scalia has certainly deviated from his principles in some cases (Raich), but don't act like that's exclusive to him.
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    Re: Justice Scalia: Rival doctrine seeks rigidity

    Quote Originally Posted by disneydude View Post
    If you've ever sat down and tried to read a Scalia decision you would see what an absolute fool he is.

    Scalia decides what he wants to decide and then goes through the most convoluted reasoning in order to justify what he wanted to decide.

    His clinging to the strict constructionist label is a joke.

    I remember when I was in law school....I would start reading a case decision, get half way through, saying what the......, flip back to the beginning and practically ever time the author of the majority was Scalia.
    Can you give us some examples of where you see this?

    What is your opinion of Justice Thomas?
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    Re: Justice Scalia: Rival doctrine seeks rigidity

    Quote Originally Posted by disneydude View Post
    If you've ever sat down and tried to read a Scalia decision you would see what an absolute fool he is.

    Scalia decides what he wants to decide and then goes through the most convoluted reasoning in order to justify what he wanted to decide.

    His clinging to the strict constructionist label is a joke.

    I remember when I was in law school....I would start reading a case decision, get half way through, saying what the......, flip back to the beginning and practically ever time the author of the majority was Scalia.
    Seems I have gotten an earful over this at Yahoo Answers, that Scalia is anything but what he says.

    What I liked is his belief that abortion is a state issue, not federal. And while I am very much pro choice, nevertheless, if a state wants to outlaw abortion, then outlaw it. The upside to that, if a woman wants to get an abortion she can simply go to another state. If the anti abortionists get their way it will be a national law, which will make it harder for a woman to get an abortion (and dangerous too) and will lock out the poor and lower middle class from safe procedures because the rest will be able to afford to go outside the country. The only way to make that portion of the abortion law to stick for the upper classes is to limit travel by pregnant women and have a pregnancy test of those of child baring age at the boarding gate. The black market in smuggling women to Canada will be huge.

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    Re: Justice Scalia: Rival doctrine seeks rigidity

    Quote Originally Posted by disneydude View Post
    If you've ever sat down and tried to read a Scalia decision you would see what an absolute fool he is.

    Scalia decides what he wants to decide and then goes through the most convoluted reasoning in order to justify what he wanted to decide.

    His clinging to the strict constructionist label is a joke.

    I remember when I was in law school....I would start reading a case decision, get half way through, saying what the......, flip back to the beginning and practically ever time the author of the majority was Scalia.
    So where is your debate to what he says on this topic? You want to discredit him, then argue against the premise, show how it isn't true. I believe it is true, the liberals want to interpret the Constitution anyway they feel like. Frankly I think liberals would like it better if there was no Constitution to interfere with their superior genius about how we should run the country. The Preamble to the liberal Constutition would read:

    We the People of the United States, in Order to provide for the general Welfare, do ordain and establish this Constitution for the United States of America.
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    Re: Justice Scalia: Rival doctrine seeks rigidity

    Quote Originally Posted by disneydude View Post
    . . .

    I remember when I was in law school....I would start reading a case decision, get half way through, saying what the......, flip back to the beginning and practically ever time the author of the majority was Scalia.
    Perhaps if the opinions were published with pictures?
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    Re: Justice Scalia: Rival doctrine seeks rigidity

    Quote Originally Posted by American View Post
    So where is your debate to what he says on this topic? You want to discredit him, then argue against the premise, show how it isn't true. I believe it is true, the liberals want to interpret the Constitution anyway they feel like. Frankly I think liberals would like it better if there was no Constitution to interfere with their superior genius about how we should run the country. The Preamble to the liberal Constutition would read:
    You added

    We the People of the United States, in Order to provide for the general Welfare, do ordain and establish this Constitution for the United States of America.
    No it would read:

    We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.
    Calling liberals all of one thing is the same as calling conservatives all of one thing. While I think it is generally true that Rush's ditto heads are partisan to the chore because they like Rush's ideology, just as much as left talk radio generates, nevertheless, liberals are all over the map just as much as conservatives when it comes to politics and beliefs.

    You are doing yourself as well as your stance a disservice and only alienating people that may consider what you have to say.

    Try raising it up a notch.

    .


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