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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]

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To: Eric in the Ozarks
Amen!
61 posted on 10/23/2001 11:13:34 AM PDT by WIMom
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To: scalia_#1
Amen...
62 posted on 10/23/2001 11:14:32 AM PDT by danneskjold
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To: LibWhacker
If the Supreme Court can say it means whatever in the Hell they want, then why the need for the Constitution?

This is precisely what Breyer and his liberal ilk are saying:

Judges should be wary of enforcing a strict reading of the Constitution, Breyer said.

In my view, this is grounds for impeachment and conviction, as a strict reading of the Constitution seems to be a job requirement. Even if not tossed out on his butt, at least an impeachment would send a message to the other Supremes and all other judges.

63 posted on 10/23/2001 11:14:37 AM PDT by Ancesthntr
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To: 11th Earl of Mar
Garf!

You forgot to include in the header, "155mm howitzer projectile vomit alert!"

64 posted on 10/23/2001 11:16:08 AM PDT by pabianice
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To: danneskjold
Yah. That darn "shall not be infringed" in the 2nd Amendment is a real bitch to "interpretivists" like Breyer. Good!
65 posted on 10/23/2001 11:17:55 AM PDT by pabianice
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To: 11th Earl of Mar
So does this mean SCOTUS can now abort Roe v. Wade?
66 posted on 10/23/2001 11:18:10 AM PDT by BlessedByLiberty
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To: 11th Earl of Mar
"Breyer, Ruth Bader Ginsburg, David Souter and John Paul Stevens -- tend to be more open to contemporary interpretations."

Not when it comes to prayers in our schools. The constitution DOES NOT mention separation of church and state. It says that there should not be a state sponsored church ... BBBIIIGGG difference!

67 posted on 10/23/2001 11:20:47 AM PDT by LandofLincoln
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To: Kevin Curry
Breyer and his fellow liberal unelected tin horn black-robed usurpers of legislative power are intoxicated with the nectar of their own inflated self-importance. They have done far too much damage to this nation already. We don't need any more "help" from them. If and when it is necessary to alter the Constitution, the people and their elected representatives will know what to do and how to do it constitutionally.

Not to change the subject of the thread, but I’m sincerely curious – How do you square this heartfelt and well-stated opinion with your support for a 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?)

68 posted on 10/23/2001 11:22:33 AM PDT by dead
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To: 11th Earl of Mar
"Those more literalist judges who emphasize language, history, tradition and precedent cannot justify their practices by claiming that is what the framers wanted," Breyer said, "For the framers did not say specifically what factors judges should emphasize when seeking to interpret the Constitution's open language."

Judges should be wary of enforcing a strict reading of the Constitution, Breyer said.

Well, the author of our Declaration of Independence who served under Washington and as our Third President said the following things about constitutional interpretation:

"On every question of construction, carry ourselves back to the time when the Constitution was adopted, recollect the spirit manifested in the debates, and instead of trying what meaning may be squeezed out of the text, or invented against it, conform to the ptobable one in which it was passed."

"My construction of the Constitution is...that each department is truly independent of the others, and has an equal right to decide for itself what is the meaning of the Constitution in the cases submitted to its action; and especially, where it is to act ultimately and without appeal."

And, Justice Hugo Black, as late as 1968 said:

"The public welfare (good) demands that constitutional cases must be decided acording to the terms of the Constitution itself, and not according to judges' view of fairness, reasonableness, or justice. I have no fear of constitutional amendments properly adopted (by Constitution's own amendment process involving the States and the people themselves), but I do fear the rewriting of the Constitution by judges under the guise of interpretation."

69 posted on 10/23/2001 11:23:26 AM PDT by loveliberty
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To: LandofLincoln
Not when it comes to prayers in our schools. The constitution DOES NOT mention separation of church and state. It says that there should not be a state sponsored church ... BBBIIIGGG difference!

I am constantly amazed how many people don't know and/or understand this.

70 posted on 10/23/2001 11:27:13 AM PDT by danneskjold
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To: dead
The fact that the WAR ON DRUGS doesn't work, creates a criminal element, and has unusually long sentences for victimless crimes should not sway your opinion....
71 posted on 10/23/2001 11:27:22 AM PDT by DiamondDon1
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To: 11th Earl of Mar
"Those more literalist judges who emphasize language, history, tradition and precedent
cannot justify their practices by claiming that is what the framers wanted,"

What an arrogant lying sack.
What OTHER than "language, history, tradition and precedent" is supposed to be the basis of their decisions???
How much money they will get out of their personal interpretations?
The founder's intent is plain, simple, and well documented in their writings.
The government is supposed to be minimal and individual rights guaranteed. Period.
Anyone that doesn't agree and work to those ends needs to be in a different line of work.
They sure don't belong in government or law.
Clowns like this are the ones that give all lawyers a bad name.
Clearly HIS sole intent is to worm around the law.

"...the right of the people to keep and bear Arms, SHALL NOT be infringed."
Doesn't get any more clear than that.
And I don't need an un-American socialist in a black robe to interpret the rest of it either.
72 posted on 10/23/2001 11:30:42 AM PDT by freefly
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To: 11th Earl of Mar
Note to Dubya: Nominate nobody like Breyer.
73 posted on 10/23/2001 11:31:27 AM PDT by Redbob
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To: Blood of Tyrants
Unfortunately Breyer, being a lawyer, carefully said "framers", which excludes TJ, who was in France during the Constitutional Convention.
74 posted on 10/23/2001 11:38:12 AM PDT by m1911
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To: 11th Earl of Mar
Consider the source and consider too, where he was speaking.
75 posted on 10/23/2001 11:40:34 AM PDT by OldFriend
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To: 11th Earl of Mar
"Breyer said campaign finance laws help promote participation in the democratic process "

As well as our current laws, which seem to be stirring the Democratic process just fine.

76 posted on 10/23/2001 11:40:37 AM PDT by Rebelbase
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To: 11th Earl of Mar
WRONG Justice Breyer. It is so basic and simple that you are either stupid, evil, or both. The Constitution was based upon God given rights that are unchanging and can't be taken away. The constitution is meant to protect those rights and not be interpreted or played with lightly or by changing public opinion. The bill of rights protect the inalienable rights granted by God to mankind and there is no room for interpretation.
77 posted on 10/23/2001 11:52:42 AM PDT by Mat_Helm
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To: tahiti
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.

This has always bothered me...ie the fetus being a "part of the woman's body"....so she can do with it what she will.

Just for argument's sake... what if a woman wanted to cut off her otherwise normal, healthy hand, arm, etc? Would the Constitution protect this "right" per Stephen Breyer's interpretation?

78 posted on 10/23/2001 12:10:46 PM PDT by LaineyDee
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Comment #79 Removed by Moderator

To: Twodees
"That little communist Breyer will still be spouting his claptrap long after Bush is out of office."

I'm willing to wager that Breyer retires in the next 8 years.

" If Bush gets the chance to appoint a justice, he'll appoint some mealy-mouthed jerkoff who has kissed the proper backsides, just as he has done with his cabinet. Where you get all this faith in Bush, I'll never understand."

I like Rumsfeld and Cheney, and I don't see them kissing anyone's backside. Rumsfeld has even attacked the Pentagon's sacred bureaucracy, and Cheney is far from "mealy-mouthed." Further, Condoleeza Rice was nowhere near Beltway political circles when President Bush pulled her in from California, so she certainly wasn't kissing a bunch of backsides in the last 8 years.

As for having faith in President Bush, he delivered on his campaign promise of a tax cut, changed the tone in Washignton, brought back our EP-3 crew from China without bloodshed or bribes, and he's managed to put together a global coalition against terrorism.

Show me one politician who has matched those feats in the last decade. Bush's word and Bush's deeds are dependable. Asking for more than that is akin to praying to the god of armchair quarterbacks.

80 posted on 10/23/2001 12:15:24 PM PDT by Southack
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