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kpete

(71,963 posts)
Thu Aug 22, 2013, 10:39 AM Aug 2013

JUSTICE SCALIA: My Decisions Are Sometimes 'Stupid And Even Cruel'


LAW & ORDER More: Federal Courts Supreme Court Constitution Justice Antonin Scalia
JUSTICE SCALIA: My Decisions Are Sometimes 'Stupid And Even Cruel'


When Supreme Court Justice Antonin Scalia spoke in Bozeman, Mont. earlier this week, he admitted his legal conclusions aren't always very nice, KXLH News reports.

But Scalia told a group of Republican lawmakers he interprets the Constitution strictly regardless of the results.

&quot Sometimes)I have to arrive at results that are stupid and even cruel," Scalia said.

If nine lawyers in a room discuss whether the Constitution allows abortion or sodomy, for example, the Constitution becomes an ever-evolving, even "living," document, Scalia said.

These decisions about social issues belong to Congress, the ultimate representation of the will of the people, according to Scalia.



Read more:
http://www.businessinsider.com/scalia-comments-on-the-constitution-2013-8?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+businessinsider+%28Business+Insider%29
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JUSTICE SCALIA: My Decisions Are Sometimes 'Stupid And Even Cruel' (Original Post) kpete Aug 2013 OP
At least you admit it. SummerSnow Aug 2013 #1
He's also correct about this: kelliekat44 Aug 2013 #2
Haha, how cute...he thinks Congress cares about trivial things Arkana Aug 2013 #7
The Constitution is the ultimate decider. Bandit Aug 2013 #8
No, "we the people" are the ultimate deciders of the Constitution. If not, where did all those kelliekat44 Aug 2013 #14
Do you believe it is possible to pass a Constitutional Amendment in this day and age. Bandit Aug 2013 #16
The USSC does not have to take cases it does not want to. It can punt, and it does, a lot too. bemildred Aug 2013 #3
He is NOT a 'strict constitutionalist'. He's an "activist Judge" if ever there was one. Myrina Aug 2013 #4
He Has Wrapped His Strict Constructionist. . . ProfessorGAC Aug 2013 #12
You have to admit he is a strictly Stupid And Even Cruel Constitutionalist Johonny Aug 2013 #21
My Decisions Are Sometimes 'Stupid And Even Cruel' Hayduke Bomgarte Aug 2013 #5
A rare moment of honesty AgingAmerican Aug 2013 #6
and he's proud of this? Solly Mack Aug 2013 #9
And why shouldn't the Constitution evolve? It was... TreasonousBastard Aug 2013 #10
What a travesty he is. Absolutely shameful. (nt) Paladin Aug 2013 #11
He's so full of shit RedCappedBandit Aug 2013 #13
A.Scholera leftyohiolib Aug 2013 #15
"These decisions about social issues belong to Congress" <<<-Justice Scalia to Congress. helllooo, Sunlei Aug 2013 #17
Taking issue with Scalia not finding civil rights protections for GLBT. no_hypocrisy Aug 2013 #18
Hey Tony! I think you are ALWAYS stupid and cruel, not just your decisions. hobbit709 Aug 2013 #19
He finally said something truthful. City Lights Aug 2013 #20
 

kelliekat44

(7,759 posts)
2. He's also correct about this:
Thu Aug 22, 2013, 10:43 AM
Aug 2013

"These decisions about social issues belong to Congress, the ultimate representation of the will of the people, according to Scalia."

Bandit

(21,475 posts)
8. The Constitution is the ultimate decider.
Thu Aug 22, 2013, 10:55 AM
Aug 2013

Congress can make no laws that contradict the Constitution such as DOMA; and that is where the Court comes into being. No one would argue that DOMA is nothing except a Social issue.

 

kelliekat44

(7,759 posts)
14. No, "we the people" are the ultimate deciders of the Constitution. If not, where did all those
Thu Aug 22, 2013, 11:11 AM
Aug 2013

amendments come from?

Bandit

(21,475 posts)
16. Do you believe it is possible to pass a Constitutional Amendment in this day and age.
Thu Aug 22, 2013, 11:16 AM
Aug 2013

Especially one that deals with Social Issues. If you believe that I have some valuable shorefront land in Arizona for sale.

bemildred

(90,061 posts)
3. The USSC does not have to take cases it does not want to. It can punt, and it does, a lot too.
Thu Aug 22, 2013, 10:45 AM
Aug 2013

I think Scalia is a whiner.

Myrina

(12,296 posts)
4. He is NOT a 'strict constitutionalist'. He's an "activist Judge" if ever there was one.
Thu Aug 22, 2013, 10:46 AM
Aug 2013

And we know who's money/perks 'activate' his decisions.

ProfessorGAC

(64,854 posts)
12. He Has Wrapped His Strict Constructionist. . .
Thu Aug 22, 2013, 11:04 AM
Aug 2013

. . .guise in this bizarre intellectual construct those guys call "Originalism".

So, they claim it's strict and literal reading of the Constitution, but it requires that they know what the framers were THINKING when they wrote what they wrote.

So, it means they take it literally by interpreting what it means to be literal.

It's a completely fraudulent point of view, if only because it's self-contradictory.

Johonny

(20,818 posts)
21. You have to admit he is a strictly Stupid And Even Cruel Constitutionalist
Thu Aug 22, 2013, 12:34 PM
Aug 2013

If you are stupid then you can be an activist judge and think you are a strict constitutionalists. Never underestimate the power of stupidity.

Hayduke Bomgarte

(1,965 posts)
5. My Decisions Are Sometimes 'Stupid And Even Cruel'
Thu Aug 22, 2013, 10:49 AM
Aug 2013

But what the hey.A guy has to do what a guys bribed to do,Right?

TreasonousBastard

(43,049 posts)
10. And why shouldn't the Constitution evolve? It was...
Thu Aug 22, 2013, 11:00 AM
Aug 2013

written when the press was a manual flatbed printing press, communication was by semaphore or the Post Office, you crossed the ocean by sailing ship and land by literal horsepower. Guns were single shot and awkward, and assembly was difficult outside of your town. Inside your town, too, if the county was a rural farm area.

We've evolved, why not the Constitution to keep up?

He's absolutely right that social issues should be legislated, but he forgets that the courts are a protection from wrongheaded and overzealous legislation.

Sunlei

(22,651 posts)
17. "These decisions about social issues belong to Congress" <<<-Justice Scalia to Congress. helllooo,
Thu Aug 22, 2013, 11:24 AM
Aug 2013

anyone homeeee? helloooo?

no_hypocrisy

(46,026 posts)
18. Taking issue with Scalia not finding civil rights protections for GLBT.
Thu Aug 22, 2013, 11:26 AM
Aug 2013

He says there aren't any if it isn't explicitly in the Constitution, ignoring caselaw based on the Constitution.

And how about THIS interpretation: If it isn't BANNED in the Constitution, it must be recognized and implemented.

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