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Scalia, Breyer Spar Over Supreme Court Issues
fox ^ | 11/13/10 | ap

Posted on 11/13/2010 8:24:12 PM PST by Nachum

LUBBOCK, Texas -- One of the most conservative justices on the U.S. Supreme Court and one of the most liberal ones sparred Friday over capital punishment, the direct election of senators and various other constitutional questions during a rare public debate that highlighted their philosophical differences.

Antonin Scalia, 74, the longest-serving current justice, appointed by Republican President Ronald Reagan, and Stephen Breyer, 72, appointed by Democrat Bill Clinton, shared the stage in front of a crowd of thousands during a West Texas event organized by Texas Tech University Law School.

They particularly clashed on the question of capital punishment.

Scalia argued that while there's room for debate about whether the death penalty is a "good idea or a bad idea," it is not cruel and unusual punishment.

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


TOPICS: News/Current Events
KEYWORDS: breyer; issues; scalia; spar

1 posted on 11/13/2010 8:24:16 PM PST by Nachum
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To: Nachum

I’d rather have a discussion with a brick wall ... at least, a brick wall will not drive you crazy with illogic.. and it does serve at least one useful service.

Libs like Breyer, however ....


2 posted on 11/13/2010 8:29:54 PM PST by gwilhelm56 (NAACP ... Your RACE CARD has been declined.. it's Over the LIMIT!)
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To: Nachum

Compassion for the guilty is treason to the innocent.


3 posted on 11/13/2010 8:34:27 PM PST by PGalt
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To: Nachum

The death penalty is certainly not cruel and unusual by the standards of the time when the phrase was used, which is the original meaning of the term — and just what Breyer seems to argue is the standard.

The prohibition on cruel and unusual punishment, like most things in the US Constitution, com,es from British experience. The Americans emulated the English Bill of Rights (cribbing from it word for word in many instances!), and wanted badly to avoid such things as drawing and quartering, and burning at the stake, and other atrocities.

Never was simple capital punishment considered cruel and unusual.

Of course, capital punishment is undesirable from the standpoint of the condemned criminal: it is definitely a source of fear for most convicts. However, most of the arguments against capital punishment are arguments which apply to ANY form of punishment. Think about it!


4 posted on 11/13/2010 8:34:29 PM PST by docbnj
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To: PGalt

Nice quote - you write that yourself?


5 posted on 11/13/2010 8:41:09 PM PST by Last Dakotan
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To: Nachum

Why is it that only Republican Presidents get suckered into appointing liberal Supreme Court Justices? I can’t see a conservative Justice ever getting past Clinton’s or Obama’s screening process.


6 posted on 11/13/2010 8:45:58 PM PST by Rybashka
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To: gwilhelm56
Breyer would rather an unseen, unknown innocent stranger to himself be murdered than that his killer be executed.

I'm not sure why that's the moral high ground Leftwingtards aspire to, but they do.

One exception ~ Dr. Dean said there's a class of killers who are going to go to prison and they'll kill again ~ a guard, a white collar criminal, a visitor, someone! He said execution is the only way to stop them for killing again, and is therefore the only moral course of action available to anyone.

Well, anyway, Breyer prefers to murder the innocent ~ guess he's made funny.

7 posted on 11/13/2010 8:57:38 PM PST by muawiyah (GIT OUT THE WAY ~ REPUBLICANS COMIN' THROUGH)
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To: Nachum; Fiddlstix; RedMDer; musicman; Brices Crossroads; Al B.; Virginia Ridgerunner; Clyde5445; ...
I think I can post Justice Scalia's wonderful words taken from The Blaze which I read earlier today.

Scalia called the writing of the Constitution “providential,” and the birth of political science.

“There’s very little that I would change,” he said. “I would change it back to what they wrote, in some respects. The 17th Amendment has changed things enormously.”

That amendment allowed for U.S. Senators to be elected by the people, rather than by individual state legislatures.

“We changed that in a burst of progressivism in 1913, and you can trace the decline of so-called states’ rights throughout the rest of the 20th century. So, don’t mess with the Constitution.”

- - - - - - - - -

Isn't he awesome?

8 posted on 11/13/2010 8:58:08 PM PST by onyx (If you truly support Sarah Palin and want on her busy ping list, let me know!)
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To: onyx

Justice Scalia has a great mind!!!! Love him.


9 posted on 11/13/2010 9:10:14 PM PST by savagesusie
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To: onyx
Isn't he awesome?

Indeed!

10 posted on 11/13/2010 9:10:32 PM PST by MileHi ( "It's coming down to patriots vs the politicians." - ovrtaxt)
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To: onyx

Scalia is a fine man and a great jurist. I have nothing but hte highest respect for him. He and Clarence Thomas are superlative, absolutely spuerlative.

I have great regard for C.J, Roberts and Justice Alito as well. This is the first time there have been FOUR really good and great justices on the supreme court at once. It used to be just Rehnquist (another really great justice and good, good man), Scalia and Thomas. We are making slow progress with the court.


11 posted on 11/13/2010 9:17:52 PM PST by Brices Crossroads
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To: savagesusie

Me too. Pray for his long and healthy life!


12 posted on 11/13/2010 9:19:39 PM PST by onyx (If you truly support Sarah Palin and want on her busy ping list, let me know!)
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To: MileHi

One of our best SCOTUS Justices, ever!


13 posted on 11/13/2010 9:20:49 PM PST by onyx (If you truly support Sarah Palin and want on her busy ping list, let me know!)
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To: Brices Crossroads

I am happy you replied before I signed out tonight!
Yes, yes, I agree with everything you wrote.
Justice Scalia is a favorite of mine, but like you, I also really like our other three (Roberts, Alito and Thomas) and I always liked and admired Chief Justice Rehnquist!


14 posted on 11/13/2010 9:24:36 PM PST by onyx (If you truly support Sarah Palin and want on her busy ping list, let me know!)
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To: Nachum

People who don’t understand the difference between justified killing, and murder, you cannot reason with them. They simply must not be allowed to hold positions that can impact such decisions.

It’s society’s duty to protect the innocent from the guilty and when the guilty take another person’s life, society has a duty to ensure they an never do it again. Murder someone, you forfeit your right to live. Kill someone defending your life they are trying to steal from you, THAT is not murder (and no this doesn’t make thieves or murderers ‘defending themselves’ trying to defend their lives from police).


15 posted on 11/13/2010 9:25:47 PM PST by Secret Agent Man (I'd like to tell you, but then I'd have to kill you.)
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To: onyx; savagesusie
Me too. Pray for his long and healthy life!

I pray for Alito, Scalia, Thomas, and Roberts every night: that God will grant them health, wisdom, and protection.

I also pray for Ginsburg, that her heart will turn to Christ.

16 posted on 11/13/2010 9:34:57 PM PST by thecodont
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To: thecodont

Blessings! Sweet you. I pray for them too, and also Justice Kennedy. He said he won’t retire until “after” 2012’s election. Ginsburg? She’s Scalia’s friend. Strange. I think she’s a horrid Left-wing radical, and wholly against our Constitution.


17 posted on 11/13/2010 9:46:16 PM PST by onyx (If you truly support Sarah Palin and want on her busy ping list, let me know!)
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To: PGalt
Compassion for the guilty is treason to the innocent.

Nice, but I'd paraphrase you with ...

Compassion for the guilty is punishment of the innocent.

18 posted on 11/13/2010 9:47:46 PM PST by DWar (The perfect is the enemy of the excellent!!)
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To: Nachum

Stay healthy, Scalia. That’s all I have to say.


19 posted on 11/13/2010 9:48:14 PM PST by eclecticEel (Life, Liberty, and the Pursuit of Happiness: 7/4/1776 - 3/21/2010)
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To: Last Dakotan; PGalt

Ayn Rand.


20 posted on 11/13/2010 9:49:07 PM PST by namvolunteer (We draw the Congressional districts this time)
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To: namvolunteer; Last Dakotan; All
Nice quote - you write that yourself?

No. Paraphrasing Ayn Rand. (thanks namvolunteer!)

21 posted on 11/13/2010 9:57:54 PM PST by PGalt
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To: Rybashka
>> Why is it that only Republican Presidents get suckered into appointing liberal Supreme Court Justices? I can’t see a conservative Justice ever getting past Clinton’s or Obama’s screening process. <<

JFK appointed Byron White as a favor to big labor. White was a lifelong Democrat a big donor to RAT politicians, he was expected to be a solid liberal vote on the court. Instead, he turned out to be right-of-center.

22 posted on 11/13/2010 10:22:30 PM PST by BillyBoy (Impeach Obama? Yes We Can!)
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To: Nachum
At the end, the two were asked what they would change about the Constitution. "Not much," Breyer said. "It's a miracle and we see that through" our work.

If the plain language has no specific meaning, if rights can be found where none are specifically articulated, if federal judges can usurp state powers and claim a Constitutional basis, if you can interpret the language of the Constitution any way you want ... where is the need to change anything?

War is peace, Freedom is slavery, and Ignorance is strength...George Orwell, 1984

We are a long way down the slippery slope to the demise of the Republic and most of us, even my conservative friends don't or perhaps refuse to recognize it. Tyranny to revolution to liberty to democracy back to tyranny is always the continium. There is no stasis.

23 posted on 11/13/2010 10:27:05 PM PST by DWar (The perfect is the enemy of the excellent!!)
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To: Nachum

Breyer against the death penalty but for abortion.

I presume he will answer for that some day when he meets his maker.


24 posted on 11/13/2010 11:17:42 PM PST by Carley (WE SAW NOVEMBER FROM OUR HOUSE)
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To: thecodont

That is a very wise thing to do. Think I will join in prayers for them also!!!


25 posted on 11/14/2010 12:21:18 AM PST by savagesusie
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To: thecodont

I agree with you. The one thing I never understood we the friendship between Ginsburg and Scalia. Not that they could be friendly with each other which is fine, but the fact that Scalia has not been able to influence her to some of her left wing thinking. Of course maybe they don’t talk politics when they vacation and have meals together....they used to go with their spouses but since she is a widow now I don’t know if they still get together anymore.


26 posted on 11/14/2010 1:11:51 AM PST by napscoordinator
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To: PGalt

Compassion for the guilty is treason to the innocent.

1) We’re all guilty. Read your Bible.
2) If you know anything about Hell, you wouldn’t wish it on anyone.

Check out these testimonies of people God took to Hell and back:

http://www.freecdtracts.com/heavenandhell.htm

http://www.amazon.com/While-Body-Hell-Living-Dead/dp/0974790001/ref=sr_1_2?ie=UTF8&s=books&qid=1283009809&sr=8-2

http://www.amazon.com/Divine-Revelation-Hell-Mary-Baxter/dp/0883682796/ref=sr_1_1?s=books&ie=UTF8&qid=1283009848&sr=1-1


27 posted on 11/14/2010 2:41:41 AM PST by ROTB (Without a Christian revival, we are government slaves, or nuked by China/Russia during armed revolt.)
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To: Secret Agent Man
It’s society’s duty to protect the innocent from the guilty and when the guilty take another person’s life, society has a duty to ensure they an never do it again.
Are you recommending vigilanteism, or do you actually mean nothing else but government when you say, "society?"
I make the point only because using "society" as a euphemism for government is a classic leftist ploy. Not that your post seems at all "liberal" substantively, but it's a pet peeve of mine. If I were making rules for the House of Representatives, it would be a point of order never to allow the use of the term "society" when nothing other than government is meant.
In the runup to the 2000 election, Democrats criticized the health care expenditures of "Texas." Bush gave the figure for how much money was spent in Texas on health care - i.e., how much the hospital, doctors, etc. of Texas were paid - but the "liberals" wanted to restrict the discussion to how much the State of Texas spent.

If you say, "society should feed the children adequately," that is undeniable. If you say that the federal government should feed the children, you are saying that the children's parents have no responsibility for their nurture - and that is a different statement entirely, and one which many would dispute vigorously.


28 posted on 11/14/2010 3:53:59 AM PST by conservatism_IS_compassion (DRAFT PALIN)
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To: ROTB

1) “WE” are NOT all guilty of pre-meditated MURDER.


29 posted on 11/14/2010 5:54:55 AM PST by PGalt
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To: ROTB

Life Is a Gift from God

If every person has the right to defend — even by force — his person, his liberty, and his property, then it follows that a group of men have the right to organize and support a common force to protect these rights constantly.

http://www.constitution.org/law/bastiat.htm


30 posted on 11/14/2010 7:49:10 AM PST by PGalt
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To: conservatism_IS_compassion

Societies form governments to handle certain tasks.

IN our government those tasks were enumerated and limited and people (society) back then did not permit govt to do more than it was allowed.

One of the limited tasks is to administer justice via a system of laws applied fairly and accurately. Courts, jails, legitimate trials, executions. This is the context that I offer the comments in.


31 posted on 11/14/2010 10:30:12 AM PST by Secret Agent Man (I'd like to tell you, but then I'd have to kill you.)
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To: Secret Agent Man
Societies form governments to handle certain tasks.

IN our government those tasks were enumerated and limited and people (society) back then did not permit govt to do more than it was allowed.

One of the limited tasks is to administer justice via a system of laws applied fairly and accurately. Courts, jails, legitimate trials, executions. This is the context that I offer the comments in.

So in that context, you literally mean government - but say "society" while taking for granted that government is the correct part of society for that function. As I say, I quibble only in the sense that others make that same assumption about tasks which are properly not delegated exclusively to the government.

32 posted on 11/14/2010 11:33:12 AM PST by conservatism_IS_compassion (DRAFT PALIN)
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To: conservatism_IS_compassion

I said what I said. It doesn’t require anyone to interpret it, it is straightforward.


33 posted on 11/14/2010 12:15:45 PM PST by Secret Agent Man (I'd like to tell you, but then I'd have to kill you.)
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