By Sam Baker
09/30/13
The Constitution doesn't guarantee "rights" to many of the controversial issues the Supreme Court faces, conservative Justice Antonin Scalia said Monday, criticizing judges who act like "moral philosophers."
"Did any provision in the Constitution guarantee a right to abortion? No one thought so for almost two centuries after the founding, when abortion was a felony in all the states," Scalia said during a lecture at Georgetown University's law school Monday, reports The Hill. (click here)
"Did any provision in the Constitution guarantee a right to homosexual sodomy? Same answer. Did any provision in the Constitution guarantee a right to assisted suicide? Same answer. Did any provision in the Constitution prohibit the death penalty? Same answer."
It's not a judge's job to decide what is morally right or wrong when it comes to decisions like abortion or gay rights, Scalia insisted — and he says he doesn't agonize over such decisions.
The conservative judge said his philosophy of "originalism" is best when it comes to making legal decisions.
"Non-originalist judges say, ‘We agonize a lot.’ I don’t agonize a lot. Should there be a right to this or that? That’s not my job," Scalia said.
Instead, judges who use originalism when determining cases consider that the Constitution should be applied to decisions according to what the words meant when they were written....
Originalist.
There is no word in the English language.
There is original sin, but, NOT originalist.
Now, if Justices in the Robert's Court finds pleasure in activism, then the least they can do is use real words.
09/30/13
The Constitution doesn't guarantee "rights" to many of the controversial issues the Supreme Court faces, conservative Justice Antonin Scalia said Monday, criticizing judges who act like "moral philosophers."
"Did any provision in the Constitution guarantee a right to abortion? No one thought so for almost two centuries after the founding, when abortion was a felony in all the states," Scalia said during a lecture at Georgetown University's law school Monday, reports The Hill. (click here)
"Did any provision in the Constitution guarantee a right to homosexual sodomy? Same answer. Did any provision in the Constitution guarantee a right to assisted suicide? Same answer. Did any provision in the Constitution prohibit the death penalty? Same answer."
It's not a judge's job to decide what is morally right or wrong when it comes to decisions like abortion or gay rights, Scalia insisted — and he says he doesn't agonize over such decisions.
The conservative judge said his philosophy of "originalism" is best when it comes to making legal decisions.
"Non-originalist judges say, ‘We agonize a lot.’ I don’t agonize a lot. Should there be a right to this or that? That’s not my job," Scalia said.
Instead, judges who use originalism when determining cases consider that the Constitution should be applied to decisions according to what the words meant when they were written....
Originalist.
There is no word in the English language.
There is original sin, but, NOT originalist.
Now, if Justices in the Robert's Court finds pleasure in activism, then the least they can do is use real words.
