Skip to comments.Supreme Court Justice Antonin Scalia: Abortion Isn't Found in the Constitution
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 its 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.
I wish Scalia would speak more often!
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Scalia - Man amongst boys!!!
Check the “penumbras and emanations” < sarcasm off >
God bless justice scalia and other americans like him.
President Reagan’s legacy lives on! hurah
Neither is marriage.
>> 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.
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.
that’s a good tagline!
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.
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”
Marriage between man and woman has been accepted as FACT throughout history, abortion has not.
It STILL isn't in the constitution.
I got blasted on here about 6 months ago for saying abortion wasn’t a constitutional right.
Which RINO blasted you for that?
I forget, I’d have to google the post. I’ve seen a lot of that on supposedly pro-life FR.