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Constitution: Dead or alive?
The Washington Times ^ | 2-27-06 | Paul Greenberg

Posted on 02/27/2006 12:16:31 PM PST by JZelle

He's ba-a-a-ck. Not that he ever really goes away. After all, he has life tenure. This time the Hon. Antonin Scalia was calling those of us who think of the Constitution of the United States as a living document "idiots." No, this wasn't Ann Coulter doing her stand-up routine, but rather an associate justice of the U.S. Supreme Court. Welcome to civil discourse, 21st century-style. A decent respect for those who hold to a different philosophy of law, or of anything else, now seems to have gone the way of powdered wigs, dress swords and chivalry in general. This time Justice Scalia was caught talking out of school, or rather his courtroom, at a meeting of the Federalist Society down in Puerto Rico -- although his formal opinions are scarcely more temperate. His subject on this occasion: The idea of a living Constitution and why it's wrong, wrong, wrong. Mr. Justice Scalia summed up the idea before dismissing it as idiotic. "That's the argument of flexibility," he explained, "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."

(Excerpt) Read more at washingtontimes.com ...


TOPICS: Government
KEYWORDS: antoninscalia; constitution; supremecourt
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To: dead
According to Greenberg, they might just as well have written the document on a chalkboard.

Or not written it at all. If it only means what the current Supreme Court at any time wants it to mean, we don't need it. We only need the current SC of that time to make decisions based on their own feelings.

21 posted on 02/27/2006 12:43:16 PM PST by Onelifetogive (* Sarcasm tag ALWAYS required. For some FReepers, sarcasm can NEVER be obvious enough.)
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To: JZelle
Would you buy a house if the bank wanted you to sign a "living mortgage"? Would you lease a car from a dealer who wanted you to sign a "living lease"? Would you even play cards against someone who insisted on playing "living poker rules" which only he could interpret? If you wouldn't do any of these three, why would you ever want a "living Constitution"?

Would the "living Constitution" supporters be willing to have their nightmare version of a Republican president and his Supreme Court determine what the meaning of the Constitution is at their whim? However, at that point they would probably insist on the sacredness of Supreme Court precedent - kind of "Living Constitution, permanently engraved rulings".

22 posted on 02/27/2006 12:49:04 PM PST by KarlInOhio (Next Olympics I want wide track bobsledding. Four sleds on the track at once - like Ben Hur on ice.)
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To: JZelle

...This time the Hon. Antonin Scalia was calling those of us who think of the Constitution of the United States as a living document "idiots."...

And as usual, he's right.


23 posted on 02/27/2006 12:50:52 PM PST by the gillman@blacklagoon.com ("If we lose freedom here, there is no place to escape to. This is the last stand on Earth!")
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To: JZelle
Another leftist author with the I.Q. and reasoning ability as a bag of hammers. I am a real estate broker and you can bet your sweet bippy that the meaning of a real estate contract does not change unless there is a specific term(s) specifying EXACTLY how it does.

Nam Vet

24 posted on 02/27/2006 12:52:01 PM PST by Nam Vet (The Democrat Party of America is perfectly P.C. * .(* P.C. = Patriotically Challenged)
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To: JZelle
Washington Times? Had to reread several times to make sure it wasn't Washington Post.
25 posted on 02/27/2006 12:52:20 PM PST by Sarastro
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To: Tzimisce
Freedom of the Press is an ancient idea 200 years dead anyway....

The first amendment freedom of the press was written in a time when newpapers were printed one sheet at a time, not on huge superfast "assault" presses. And it applied only to printing presses - not to anything associated with Ben Franklin's lightning like radio, television or the internet. < /sarcasm of mass destruction>

26 posted on 02/27/2006 12:53:05 PM PST by KarlInOhio (Next Olympics I want wide track bobsledding. Four sleds on the track at once - like Ben Hur on ice.)
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To: BenLurkin

"Its dead, Jim".


27 posted on 02/27/2006 12:54:53 PM PST by Supernatural (Lay me doon in the caul caul groon, whaur afore monie mair huv gaun)
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To: JZelle

By writing his lame-brained article, Mr. Greenberg has convinced me of a few things: 1) Mr. Greenberg is not a constitutional scholar. 2) Mr. Greenberg is not a judge. 3) Mr. Greenberg is a complete a$$. 4) Mr. Greenberg is an idiot. 5) Mr. Greenberg needs to go back in history and study what the constitution is, and what it says-not what he wants it to say. 6) Mr. Greenberg is a moron. 7) Justice Scalia was correct in his statement about folks saying the constitution is a "living document" being idiots.


28 posted on 02/27/2006 12:55:23 PM PST by geezerwheezer (get up boys, we're burnin' daylight!!!)
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To: JZelle

definitely need to read this


29 posted on 02/27/2006 12:58:48 PM PST by jeremiah (The biggest threat to Americas survival today, meth usage.)
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To: RobbyS
"The "living Constitution" crowd reminds me of the "Spirit of Vatican II" crowd."

For the most part, they are the same people.

30 posted on 02/27/2006 12:59:21 PM PST by Designer (Just a nit-pick'n and chagrin'n)
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To: Leatherneck_MT
People who say that the Constitution is a Living Document ARE idiots.

That's just fancy language for the amendment process. It's not the document that's "living", it's our democratic republic. Else the "strict constructionists" would have a hard time reconciling that women and Blacks have equal rights..

31 posted on 02/27/2006 12:59:31 PM PST by ziggygrey
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To: Leatherneck_MT
"People who say that the Constitution is a Living Document ARE idiots."

Nevertheless, they will steadfastly maintain that notion until their last, dying breath.

Hhmmm...Which might not be such a bad idea!

32 posted on 02/27/2006 1:02:24 PM PST by Designer (Just a nit-pick'n and chagrin'n)
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To: ziggygrey
That's just fancy language for the amendment process.

No, the author makes it quite clear he is talking about something in addition to amending the Constitution.

33 posted on 02/27/2006 1:05:52 PM PST by KarlInOhio (Next Olympics I want wide track bobsledding. Four sleds on the track at once - like Ben Hur on ice.)
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To: JZelle

with all respects to Chief Justice John G. Roberts, the man who should have gotten that post was Nino!


34 posted on 02/27/2006 1:05:59 PM PST by Vaquero (time again for the Crusades.)
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To: JZelle
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.

I think everybody can agree on that. What we disagree on is the method of change. They want judicial fiat where a few people have the power to change it, we want the amendment process as the Founders so wisely included in the Constitution.

35 posted on 02/27/2006 1:07:07 PM PST by antiRepublicrat
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To: SmithL
Amen!!!
36 posted on 02/27/2006 1:07:30 PM PST by jamaksin
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To: Vaquero
with all respects to Chief Justice John G. Roberts, the man who should have gotten that post was Nino!

Considering the way in which Roberts beat the Senators, could you imagine if Scalia had a confirmation hearing? Fat Ted would have been crying for his mommy on C-Span.

37 posted on 02/27/2006 1:08:50 PM PST by KarlInOhio (Next Olympics I want wide track bobsledding. Four sleds on the track at once - like Ben Hur on ice.)
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To: KarlInOhio
No, the author makes it quite clear he is talking about something in addition to amending the Constitution.

Well, peoples' views do change over time. Privacy is one issue that has gained more importance as the methods of invading one's "personal affects" has multiplied with technology.

But the fact that the Founders left an amendment process means they anticipated that things were not going to remain static in this country.

38 posted on 02/27/2006 1:12:32 PM PST by ziggygrey
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To: RobbyS

Hunting is not protected in the constitution....GUNS ARE!

the second amendment is about protection from tyranny from within and without of our nation.


"Most restrictions are state imposed, and it is harder to argue that states have no right to regulate the use of guns."


".....the right of the people to keep and bear arms shall not be infringed......"



39 posted on 02/27/2006 1:14:36 PM PST by Vaquero (time again for the Crusades.)
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To: JZelle
It can change. It's called the Amendment process. Otherwise, it stays exactly as it is. Scalia is dead on and should be lauded for saying so. Simple judicial activism, or even wrongly passed legislation, does not change the meaning.

"Supremem law of the Land", "Shall not be infringed", ect... still mean now what they meant back then despite judicial misinterpretations and outright unConstitutional laws that have been penned since then.

40 posted on 02/27/2006 1:16:07 PM PST by Dead Corpse (I believe that all government is evil, and that trying to improve it is largely a waste of time.)
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