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Supreme Court Justice Steven Breyer Jabs Those Who Read Constitution Literally
Newsday ^ | 10/23/01

Posted on 10/23/2001 10:00:46 AM PDT by 11th Earl of Mar

Edited on 09/03/2002 4:49:29 AM PDT by Jim Robinson. [history]

NEW YORK -- Supreme Court Justice Stephen Breyer, in a subtle jab at his conservative colleagues, said those who favor a literal interpretation of the Constitution aren't necessarily following the framers' wishes.

The men who wrote the Constitution left many important areas open to interpretation, Breyer said in a speech Monday at New York University School of Law.


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


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To: LibWhacker
That's exactly right! As long as these socialist b@stards are in charge of interpreting the Constitution, our Republic will never be safe. Clintons' pinko appointments to the SC will be his most enduring legacy.
21 posted on 10/23/2001 10:37:07 AM PDT by backlash
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To: DiamondDon1
So the Liberals will tell you that it is all in the Interpretation. I would like to address this now. There is a big difference between Interpret and Translate. Translate is to move the meaning of the words in question into another language while keeping the same meaning. (This could also include factors like “Context”) Interpretation on the other hand, is either an attempt to understand words which we do not understand the meaning of or, when we try to change the meaning of words that we do understand.

An example of this would be found in the play Romeo and Juliet, when Juliet says “Romeo, Romeo, where fore art thou Romeo?”. What do you think this means? Most people today will answer this by saying that she was asking Romeo where he was. Bugs Bunny says “Here I am!”. Now this is an interpretation based on Ignorance. In Elizabethan English, which is what this play was written in, Juliet by saying “Where fore art Thou” was actually asking Romeo “By what right do you call yourself Romeo?”. She was asking this because it was by his name that they where forbidden to be together.

Interpretation is what the “Liberals” use to change the meanings of words, that we all know and understand, to suit their own desires. The words in the Constitution and Bill of rights have not lost their meaning over the last 200 years. We all recognize and understand the meaning of these words.

When you change the meaning of words which are clear then you are a liar. The “Liberals” are notorious for this exact thing. President Clinton was the “Greatest Liberal leader” of the last century and look at how many times he lied and twisted words for his own selfish desires. Liberals do not promote “Democracy” they are not “Truthful” and they do not care about anybody but themselves. To further illustrate this point I would like to point out that even in the light of overwhelming evidence to the contrary “Liberals” will reject the truth.

22 posted on 10/23/2001 10:37:16 AM PDT by Khepera
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To: WIMom
Thank goodness Breyer is in the minority. And thanks be to Allah that Algore is not in the White House.
23 posted on 10/23/2001 10:37:46 AM PDT by Eric in the Ozarks
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To: 11th Earl of Mar
The bleatings of a broken man who realizes his precious worldview is on the way out.
24 posted on 10/23/2001 10:39:38 AM PDT by Timesink
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To: 11th Earl of Mar
Breyer said, "For the framers did not say specifically what factors judges should emphasize when seeking to interpret the Constitution's open language."

Acutally, I couldn't agree more with Justice Breyer. The Framers never provided any guidance on how to interpret the Constitution. Oh, hold on...

It can be of no weight to say that the courts, on the pretense of a repugnancy, may substitute their own pleasure to the constitutional intentions of the legislature. This might as well happen in the case of two contradictory statutes; or it might as well happen in every adjudication upon any single statute. The courts must declare the sense of the law; and if they should be disposed to exercise WILL instead of JUDGMENT, the consequence would equally be the substitution of their pleasure to that of the legislative body.
Federalist No. 78

Never mind.
25 posted on 10/23/2001 10:40:09 AM PDT by scalia_#1
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To: Wolfie
If the Constitution means what is says, then why the need for the Supreme Court?

If the Supreme Court can say it means whatever in the Hell they want, then why the need for the Constitution?

26 posted on 10/23/2001 10:42:08 AM PDT by LibWhacker
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To: 11th Earl of Mar
I ti is VERY scary to think that someone is SWORN to uphold the Consitution thinks they are sworn to uphold it as THEY interpret.
27 posted on 10/23/2001 10:42:13 AM PDT by Moby Grape
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To: 11th Earl of Mar
"When it is abortion, the Constitution is a 'living breathing document' that mandates states allow abortion on demand."

Let me clear up this imprecise phrase.

1--The Constitution does not mandate the states allow abortion on demand.

2--Roe v Wade was a "strict constructionist" ruling, not a ruling decided on the premise of a "living, breathing document."

Justice Blackmun cited the Ninth Amendment as the constitutional basis for "prohibiting" the states from making abortion illegal.

The Ninth Amendments states: "The enumeration in the Contitution, of certain rights, shall not be construed to deny or disparage others retained by the people."

On the assumption (erroneous I might add) that a fetus is part of woman's body, she has a retained right, that cannot be denied or disparaged by any government body.

Unquestionably "strict constructionist."

28 posted on 10/23/2001 10:42:46 AM PDT by tahiti
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To: 11th Earl of Mar
The slogan used to be "Impeach Earl Warren!"

I think it is time to change it to

"Impeach Stephen Breyer!"

29 posted on 10/23/2001 10:44:54 AM PDT by Gritty
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To: 11th Earl of Mar
Five of the nine Supreme Court justices generally vote in favor of a literal interpretation -- Chief Justice William Rehnquist and Justices Antonin Scalia, Clarence Thomas, Anthony M. Kennedy and Sandra Day O'Connor.

Contrary to what the socialist (I refuse to call them liberal) Breyer thinks, Scalia has specifically stated that he is not a Constitutional literalist; he is a Constitutional textualist. He bases his opinions first on the plain meaning of the words of the Constitution and the context or circumstances under which a particular section of the Constituion was adopted and particularily studies what was the intent of each provision in the Constitution.

In a sense, I believe the Constitution is a 'living document' is much the way that the Bible is a 'living document'. The truth does not change and what was true at the time there were written is still true today. It is the socialists who are trying to kill the 'living Constitution'.

30 posted on 10/23/2001 10:45:40 AM PDT by connectthedots
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To: 11th Earl of Mar; joanie-f; brityank; snopercod; M Kehoe; mercy; JeanS
Guy's an anarchist.

He argues against the basis of a contract!

And he's lying, because he is not admitting his purposeful mis-representation of history, the truth of which, is that considerable failure analysis of past goverments and governance, was engaged in by the framers.

The flexibility originally intended for the Constitution, was provided for by the amendment process; not, by contemporary dismissal of historical bases for the Constitution's provisions.

The Justice is purposefully misleading people away from what he actually knows to be true, and doing so for his personal and political aims.

Some of the most fundamental "fore-sight" within the Constitution, is found in the Ninth and Tenth Amendments of the Bill of Rights. These amendments were never intended to apply to the first decade of the country and then lapse.

But that is what the Justice wishes for the people to believe.

He is un-noble. What a bastard.

31 posted on 10/23/2001 10:46:10 AM PDT by First_Salute
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To: 11th Earl of Mar
Question for Mr. Justice Breyer: What's the point of a written Constitution if what is says doesn't matter?
32 posted on 10/23/2001 10:46:15 AM PDT by Gumlegs
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To: Khepera
Bugs Bunny says “Here I am!”.

LOL! Point of correction, however, he did in fact say "Here I art!"

33 posted on 10/23/2001 10:46:59 AM PDT by freedomcrusader
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To: tahiti
Unfortunately, that ruling has been twisted into something resembling an absolute right, with the abortion rights people dmanding that government subsidize their private right to choose.
34 posted on 10/23/2001 10:48:08 AM PDT by Tench_Coxe
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Comment #35 Removed by Moderator

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

As a remedy against new laws in violation of the Constitution?

36 posted on 10/23/2001 10:50:13 AM PDT by NittanyLion
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To: 11th Earl of Mar
The Constitution, as believed by the liberal interpreters of it, is not a "living document." This is proven by one very simple point within the Constitution itself.

The framers provided for changes. A change can be made according to a process of amendment ratification.

Therefore, there's no justification for "creative" readings of what is otherwise plain text.

If one wants the Constitution to say something other than what a literal reading might construe it to mean, then start the process to change it. If you cannot change it by the approved legal, constitutional method, then you've been voted down, and you don't get your change.

37 posted on 10/23/2001 10:50:30 AM PDT by xzins
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To: Gumlegs
Question for Mr. Justice Breyer: What's the point of a written Constitution if what it says doesn't matter?

Well said! If it doesn't mean what it says, then it doesn't mean anything.
38 posted on 10/23/2001 10:50:54 AM PDT by balrog666
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To: LibWhacker
"...then why the need for the Constitution/"

Whoa, you're one step ahead; stay back with the rest of the class, please.

"A government of lawyers, not of men".

Wonderful, eh??

39 posted on 10/23/2001 10:52:48 AM PDT by headsonpikes
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To: NittanyLion
Oh yeah, and that's worked so well, hasn't it? Food for thought: Hologram Of Liberty
40 posted on 10/23/2001 10:53:44 AM PDT by Wolfie
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