Justice Scalia: "A lot of stupid stuff is perfectly constitutional."

[Emit]

U.S. Supreme Court Justice Antonin Scalia told an audience of law students in San Francisco Friday that he thinks his greatest legal achievement is advancing a theory of constitutional interpretation known as "originalism."

"I like to think I have brought to the fore, at least, more traditional ways of interpreting the Constitution," Scalia said in remarks before about 400 students and professors at the University of California's Hastings College of the Law.

"I haven't persuaded a majority on the court or the professoriat, but I've brought it into the discussion, anyway, and I'm proud of that," Scalia said.

Originalism, as applied by Scalia, is a theory of interpreting the 1789 Constitution and later amendments according to the meaning understood at the time they were ratified.

As Scalia explained it during his talk, "I interpret in the way it was understood by the society at the time."

An opposing theory, sometimes known as the living Constitution and described by Scalia as "evolutionism," holds that the document is flexible enough to take account of changing societal conditions and values.

~snip~

Scalia also said he doesn't believe the Constitution bans sex discrimination.

~snip~

"If the current society wants to outlaw sex discrimination, hey, we have legislatures," Scalia said.

~snip~

http://sfappeal.com/news/2010/09/justice-scalia-a-lot-of-stupid-stuff-is-perfectly-constitutional.php

[uncommon]

1. "Scalia also said he doesn't believe the Constitution bans sex discrimination."

This is exactly why:

a) It needs changing, including passage of the ERA;

and

b) Constitutional purity is asinine and disproportionately hurts minorities and women.

[COLGATE4]

3. Which is why the Xian Right will never let an ERA amendment

pass.

[Clovis Sangrail]

9. same inconsistent logic as fundie bible thumpers

selective literal / interpreted meaning

[tabasco]

2. Arbitrary and capricious government is FUN!

Due process is sooooooo last century.

[nxylas]

4. "An opposing theory...described by Scalia as evolutionism"

Can you spot the dog whistle here? I bet you can!

[Emit]

6. Oh yes, loud and clear.

[Lyric]

7. Which is particularly ironic, considering that the RCC

has no problem with evolution.

Maybe Scalia is one of those pre-Vatican II loonies?

[nxylas]

8. Or maybe the dog whistle wasn't aimed at his co-religionists

It's more likely aimed at fundamentalists and some evanglicals. You know, the Republican base. A lot of Catholics are strongly Democratic, even if they may disagree with the party line on abortion and LGBT rights.

[Botany]

5. the man is toxic to America and democracy

[ladywnch]

10. great. Scalia just admitted he is stuck back in the 1700s too bad he is living

(yes, that is sad enough) in the 21st century.........PUTZ!

[Paladin]

11. Fat Tony Needs Some Originalist Doctors To Take Care Of Him.

That's right, Fat Tony: Next time you get an ailment, your physicians should use 1789-era medical practices on you. How about half a dozen leeches, applied to your asshole? Hope it happens tomorrow......

[MajorChode]

12. That would all be great if he really believed and practiced it

Fat Tony is more than happy to rewrite the Constitution on the fly if he can put a 'conservative' slant to it.

[merh]

14. His interpretation of the 2nd amendment is clearly

evolutionary and was not limited to the state of society when it passed.

He is a friggin liar and he didn't create anything new - scholars have used constitutional and legislative history for years to review the issues and determine the law.

[MajorChode]

15. Wingnuts' definition of an "activist judge" only includes those who issues decisions they don't like

[eppur_se_muova]

13. Bush v Gore does not fall in that category. nt

[MajorChode]

16. Funny thing about Tony

He claims to subscribe to "originalism", yet without fail almost 100% of his decisions fall on the conservative side of every issue. So either one must believe "originalism" always aligns with conservatism, or Tony is completely full of shit. I find the later to be far more probable.

[gratuitous]

17. "I haven't persuaded a majority on the Court"

Which, being interpreted, means "I'm dead wrong, but you have to spend an inordinate amount of time and energy on my pig-headed errors, which could be better spent in so many ways. Hee, hee, hee," squealed the pig.