Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Supreme Court Justice Antonin Scalia: Abortion Isn't Found in the Constitution
Life News ^ | 3/5/08 | Steven Ertelt

Posted on 03/05/2008 4:25:29 PM PST by wagglebee

Warrensburg, MO (LifeNews.com) -- Supreme Court Associate Justice Antonin Scalia spoke to students at the University of Central Missouri on Tuesday night and told them that abortion isn't found in the Constitution. He also indicated he would be lucky to get 60 votes in today's political climate where abortion rules how senators vote on judicial confirmations.

"The reality is the Constitution doesn't address the subject at all," Scalia said of abortion. "It is one of the many subjects not in the Constitution which is therefore left to democracy."

"If you want the right to an abortion, persuade your fellow citizens it’s a good idea and pass a law. If you feel the other way, repeal the law," he said, according to a Columbia Tribune report.

According to the newspaper, Scalia rejected the pro-abortion notion that the founding document is a "living Constitution," that is supposed to change with the times rather than guarantee ironclad rules and legal principles.

He also rejected the idea that the Supreme Court is bound by precedent -- such as in the Dred Scott or Roe v. Wade cases.

"For me, perhaps most important of all, does the precedent allow me to function as a lawyer, which is what a judge is supposed to do?" he asked.

The Tribune indicated Scalia said he's frustrated by the over-politicized climate that surrounds the nomination and approval of judges.

"I couldn't get 60 votes today because the people, representatives in Congress, want to pick somebody who will write the constitution we want," he said.


TOPICS: Constitution/Conservatism; Culture/Society; Extended News; News/Current Events
KEYWORDS: abortion; antoninscalia; moralabsolutes; prolife
Navigation: use the links below to view more comments.
first 1-2021-4041-53 next last
According to the newspaper, Scalia rejected the pro-abortion notion that the founding document is a "living Constitution," that is supposed to change with the times rather than guarantee ironclad rules and legal principles.

I wish Scalia would speak more often!

1 posted on 03/05/2008 4:25:29 PM PST by wagglebee
[ Post Reply | Private Reply | View Replies]

To: cgk; Coleus; cpforlife.org; narses; 8mmMauser

Major Pro-Life Ping!


2 posted on 03/05/2008 4:25:59 PM PST by wagglebee ("A political party cannot be all things to all people." -- Ronald Reagan, 3/1/75)
[ Post Reply | Private Reply | To 1 | View Replies]

To: 230FMJ; 49th; 50mm; 69ConvertibleFirebird; Aleighanne; Alexander Rubin; An American In Dairyland; ..
Moral Absolutes Ping!

Freepmail wagglebee to subscribe or unsubscribe from the moral absolutes ping list.

FreeRepublic moral absolutes keyword search
[ Add keyword moral absolutes to flag FR articles to this ping list ]


3 posted on 03/05/2008 4:26:21 PM PST by wagglebee ("A political party cannot be all things to all people." -- Ronald Reagan, 3/1/75)
[ Post Reply | Private Reply | To 1 | View Replies]

To: wagglebee

Scalia - Man amongst boys!!!


4 posted on 03/05/2008 4:26:43 PM PST by The_Republican (You know why Chelsea Clinton is so Ugly? Because Janet Reno is her Father! LOL! - Mac is Back!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: wagglebee

Check the “penumbras and emanations” < sarcasm off >


5 posted on 03/05/2008 4:30:32 PM PST by PzLdr ("The Emperor is not as forgiving as I am" - Darth Vader)
[ Post Reply | Private Reply | To 1 | View Replies]

To: The_Republican
scalia refuses to be a part of the liberal scam to use the judiciary as a superlegislature because the liberal agenda has never come close to succeeding legislatively.

God bless justice scalia and other americans like him.

6 posted on 03/05/2008 4:34:08 PM PST by kingattax (99 % of liberals give the rest a bad name)
[ Post Reply | Private Reply | To 4 | View Replies]

To: kingattax

President Reagan’s legacy lives on! hurah


7 posted on 03/05/2008 4:38:12 PM PST by Billg64 (LOL ROFL Senator Mccain for what????)
[ Post Reply | Private Reply | To 6 | View Replies]

To: wagglebee

Neither is marriage.


8 posted on 03/05/2008 4:42:04 PM PST by coloradan (The US is becoming a banana republic, except without the bananas - or the republic.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: wagglebee

>> Scalia rejected the pro-abortion notion that the founding document is a “living Constitution,”

Isn’t it ironic how the pro-aborts refer to the Constitution as a “living” document.


9 posted on 03/05/2008 4:44:05 PM PST by Gene Eric
[ Post Reply | Private Reply | To 1 | View Replies]

To: wagglebee

Getting constitutionalists like Scalia on the court is the only reason I can find to go out and vote McCain in November. I’m not even 100% sure that he will make those kinds of nominations for the Court, but I am 10,000% positive what any of the Democrats would do. This completely wrong Roe ruling - “wrong” just on the basis of the violation of the constitution not even talking morality here - has disrupted our political process to its very roots for 35 years. 40 some million dead and a society divided - all because of them.


10 posted on 03/05/2008 4:46:41 PM PST by Emmett McCarthy
[ Post Reply | Private Reply | To 1 | View Replies]

To: Gene Eric

that’s a good tagline!


11 posted on 03/05/2008 4:47:08 PM PST by Minnesoootan (CHANGE: That's all tax payers will be left with.)
[ Post Reply | Private Reply | To 9 | View Replies]

To: coloradan

That’s right: what constitutes marriage, how or whether to register marriages, what constitutes murder, justifiable homocide, and the like, what constitutes theft, on and on, were left to the states. Which is as it should be.


12 posted on 03/05/2008 4:47:13 PM PST by The_Reader_David (And when they behead your own people in the wars which are to come, then you will know. . .)
[ Post Reply | Private Reply | To 8 | View Replies]

To: wagglebee
“I couldn’t get 60 votes today because the people, representatives in Congress, want to pick somebody who will write the constitution we want,” Scalia said.

This is what we have come to in our republic. The people either desire or already think we are an absolute Democracy where a determination of “the public good” is determined and any and all options are on the table for enacting it.

As for not being mentioned I guess Scalia takes the position that Abortion is covered by the 10th Amendment.

Amendment 10 - Powers of the States and People. Ratified 12/15/1791.
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

The U.S.Constitution does mention being born twice.

from the 14th.
“All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States”
from Article II Section 2.
“No person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President”

13 posted on 03/05/2008 4:50:23 PM PST by allmendream ("A Lyger is pretty much my favorite animal."NapoleonD)
[ Post Reply | Private Reply | To 1 | View Replies]

To: coloradan

Marriage between man and woman has been accepted as FACT throughout history, abortion has not.


14 posted on 03/05/2008 4:51:33 PM PST by wagglebee ("A political party cannot be all things to all people." -- Ronald Reagan, 3/1/75)
[ Post Reply | Private Reply | To 8 | View Replies]

To: wagglebee
"Marriage between man and woman has been accepted as FACT throughout history, abortion has not."

It STILL isn't in the constitution.

15 posted on 03/05/2008 4:54:48 PM PST by KoRn (CTHULHU '08 - I won't settle for a lesser evil any longer!)
[ Post Reply | Private Reply | To 14 | View Replies]

To: wagglebee

I got blasted on here about 6 months ago for saying abortion wasn’t a constitutional right.


16 posted on 03/05/2008 4:56:00 PM PST by darkangel82 (If you're not part of the solution, you are part of the problem. (Say no to RINOs))
[ Post Reply | Private Reply | To 1 | View Replies]

To: wagglebee
Justice Scalia is a very intelligent, well spoken, and consistent Justice, although, sometimes I get a bigger kick out of his dissents (which are so humorous that an entire book was compiled from them ;). His book on interpreting the Constitution was recommended by my Con.Law professor in law school.
17 posted on 03/05/2008 4:56:38 PM PST by IMissPresidentReagan ("Don't give up your ideals, don't compromise, don't turn to expediency..."Ronald Reagan, 1976)
[ Post Reply | Private Reply | To 1 | View Replies]

To: darkangel82

Which RINO blasted you for that?


18 posted on 03/05/2008 4:56:51 PM PST by wagglebee ("A political party cannot be all things to all people." -- Ronald Reagan, 3/1/75)
[ Post Reply | Private Reply | To 16 | View Replies]

To: KoRn

Your point?


19 posted on 03/05/2008 4:57:29 PM PST by wagglebee ("A political party cannot be all things to all people." -- Ronald Reagan, 3/1/75)
[ Post Reply | Private Reply | To 15 | View Replies]

To: wagglebee

I forget, I’d have to google the post. I’ve seen a lot of that on supposedly pro-life FR.


20 posted on 03/05/2008 4:57:44 PM PST by darkangel82 (If you're not part of the solution, you are part of the problem. (Say no to RINOs))
[ Post Reply | Private Reply | To 18 | View Replies]


Navigation: use the links below to view more comments.
first 1-2021-4041-53 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson