Breyer: Court should aid minority rights

[cal04]

Justice Stephen G. Breyer says the Supreme Court must promote the political rights of minorities and look beyond the Constitution's text when necessary to ensure that "no one gets too powerful."

Breyer, a Clinton appointee who has brokered many of the high court's 5-4 rulings, spoke in a televised interview that aired one day before justices hear a key case on race in schools. He said judges must consider the practical impact of a decision to ensure democratic participation.

"We're the boundary patrol," Breyer said, reiterating themes in his 2005 book that argue in favor of race preferences in university admissions because they would lead to diverse workplaces and leadership.

"It's a Constitution that protects a democratic system, basic liberties, a rule of law, a degree of equality, a division of powers, state, federal, so that no one gets too powerful," said Breyer, who often votes with a four-member liberal bloc of justices.

more
http://news.yahoo.com/s/ap/20061203/ap_on_go_su_co/breyer_democracy_1

[LiberalFighter]

1. I don't think it is aiding as it should be enforcing the constitution and law

[Rage for Order]

2. I wholeheartedly disagree with this statement:

Justice Stephen G. Breyer says the Supreme Court must...look beyond the Constitution's text when necessary to ensure that "no one gets too powerful."

Considering that the function of the SCOTUS is to rule on the Constitutionality of laws passed by Congress, then no, SCOTUS does not need to look anywhere other than the Constitution's text when issuing decisions. To do otherwise is a breach of a SC Justice's fiduciary duties.

[jcv1]

3. Originalists

Don't be too quick to dismiss Breyer. Scalia is a pure originalist in Constitutional thinking and that tunnel vision is too restrictive in modern society. Don't forget, blacks were 3/5ths a person, women had no rights, and other examples of original Constitutional language shows Breyer is right in his approach the Court is there to "make sure no one group gets too powerful". Those that sit on the Court should realize they are caretakers of our democracy and protect its survival till the next generations take over.... Once is a while, they make mistakes (Plessy v. Ferguson, the Japanese internment cases, Bush v. Gore) but history shows, political pressure by the people correctly move society in the right direction

[Rage for Order]

4. Those wrongs were remedied via interpretation

Obviously it was wrong to consider blacks as 3/5ths a person, but that was not language written into the constitution, that was in the Missouri Compromise, and was later struck down as unconstitutional, and rightly so. Women were granted the right to vote by way of a constitutional amendment, which was done through the legislative branches of gov't. The job of a Supreme Court justice is to interpret the constitution and determine whether a law violates consitutional rights, not to make up laws to remedy a wrong. We have the legislative branch to enact laws, and that's where that power should stay. If Justice Breyer wishes to see changes or additions to the constitution he can call his elected representative, or organize a group of concerned citizens, and press for an amendment.

[Guaranteed]

5. Your vision on the Constitution is too narrow.

It's an interpreted document. That gives the court a lot of leeway in determining what is law and what isn't.

Look at flag-burning, for example. A law against it would violate the 1st Amendment- as it clearly should. But the 1st Amendment only protects "speech"- burning a flag isn't technically speech. But it IS a political statement, and as such, should be protected.

It's the intent behind our laws that matters- not the literal meaning of the words. Justice requires flexibility, not strict adherence to words.

[tritsofme]

6. The 3/5 Compromise comes from Article I Section 2

Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons.

And was effectively repealed by the 14th amendment, not judicial decree.