Wednesday, February 15, 2006

"Living Constitution" NO

Justice Scalia takes am at the 'Living Constitution' theory --
ABC News: Scalia Dismisses 'Living Constitution'
People who believe the Constitution would break if it didn't change with society are 'idiots,' U.S. Supreme Court Justice Antonin Scalia says".
[...]
Scalia criticized those who believe in what he called the "living Constitution."

"That's the argument of flexibility and it goes something like this: The Constitution is over 200 years old and societies change. It has to change with society, like a living organism, or it will become brittle and break."

"But you would have to be an idiot to believe that," Scalia said. "The Constitution is not a living organism, it is a legal document. It says something and doesn't say other things."

Proponents of the living constitution want matters to be decided "not by the people, but by the justices of the Supreme Court."

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