Supreme Court Justice Steven Breyer Jabs Those Who Read Constitution Literally

Newsday ^ | 10/23/01

[El Gato]

What point a written Constitution, and more importantly a written Bill of Rights, if the institutions supposed to be bound by it are free to "interpret" it? The Constitution, as with any written document, means the same thing today as it did when it was written. Yes there may be situations that are not explicitly covered, such as the power to raise armies being "interpreted" to include an Air Force, which after all is nothing but an Air Army.

First Amendment free speech guarantees are not such an area. If Campaign finance "reform" were to restrict the right of individuals or organizations of individuals from exercising their right to speak and write freely about canidates or issues, then it would clearly be unconstitutional, wether it "promotes" democracy or not. As matter of fact, there is no mention in the consitution of democracy at all.

[El Gato]

If the Constitution means what is says, then why the need for the Supreme Court?

Well, SOMEBODY, has to beat the legislative and executive branches about the head and shoulders with the Consitutiion when they trangress.

Looked at another way, the courts are the tool that the people can use to overturn Unconstitutional acts of the other branches, without waiting up to 6 years to do it, theoretically at least. Sometimes, as with the internet Censorship business of a few years back, it actually works that way.

[El Gato]

Federal war on drugs, which is in clear violation of the 9th and 10th amendments? (not to mention the trashing of the 4th and 5th amendments that is necessary in order for the war to be successful?)

Even with 4th and 5th Amendment trashing the War on (Some) Drugs had not been and cannot be successfull. Not so long as demand for "drugs" exists.

[El Gato]

Literal interpretation of the constitution simply does not favor the types of gun laws we seek

What's this "we" Kimosabe? (old joke, sorry) Who seeks any gun laws? Certainly not I. Mandatory gun ownership would be permissible, under the Congress' power to provide for arming the militia. However I do not seek such a law.

[ignatz_q]

Who seeks any gun laws?

Oops.. quite right of course. I guess what I should have said is that literal interpretation of that particular passage might pave the way for the types of gun laws "we" oppose.

[El Gato]

actually it was a pernumba Worse, it was "eminations" from that penumbra. However, at least it was in the nature of reducing governmental power, regardless of wether the power was itself legitimate or not. In far too many cases, the Court rules in a such a way as to increase the power of government.

[Protagoras]

If Breyer and his ilk prevail, we are no longer a free people!

I wouldn't stop short of calling him a traitor.

We are not a free people today because of treasonous people like him. He should be impeached.

[Wurlitzer]

"If the Constitution means what is says, then why the need for the Supreme Court?"

Because the supreme court is NOT suppose to interpret the Constitution it is suppose to apply Constitutional tests to the laws written by Congress.

Why would you need to interpret the Constitution anyway? Was it written in Spanish, German, French,....? If Lack-of-Justice Breyer is unsure of any part of the Constitution, he simply needs to take the time to read the Federalist Papers.

Something tells me, he does not want to know the truth.

[Protagoras]

Beyer can change the spirit of the Law to whatever they want. How'd this sh*ithead get into SCOTUS anyway.

You might want to ask the question;
Who appointed him?

[El Gato]

penumbra, the shaded area denied light by the shadow cast by an illuminated object

Actually, that's the umbra, the penumbra is the "gray" area caused by a non-point source of illuniation. See: Eclipses

Shadows are composed of two parts, the umbra and the penumbra. The umbra is the area of a shadowed object that isn't visible from any part of the light source. The penumbra is the area of a shadowed object that can receive some, but not all of the light. A point source light would have no penumbra, since no part of a shadowed object can receive part of the light. (from Shadows)

[Wolfie]

You're just quoting myths from high school civics class:

Civic Belief #1
The Congress was given few specific powers. All else was left to the States and to the people under the 10th Amendment. Ample checks and balances protect the Republic from federal tyranny.

Civic Belief #2
The Federal Government has become so powerful only because despotic officials have overstepped their strict, constitutional bounds.

If #1 is true, then how did #2 happen?

The Constitution has either authorized such a government as we have had, or has been powerless to prevent it.
-- Lysander Spooner; No Treason (1870)

[ricer1]

I'm sure we can't believe Breyer.... I mean, then we would have to take him literally.