Dangerous Justice
Speaking Monday in Puerto Rico, in front of over 100 politicians and lawyers, he defended his belief in sticking to the plain text of the Constitution "as it was originally written and intended." "Scalia does have a philosophy, it's called originalism," he said. "That's what prevents him from doing the things he would like to do." He said his judicial philosophy means there can be no room for personal, political or religious beliefs.
Criticizing those who believe in what he called the living Constitution, he stated: "That's the argument of flexibility and it goes something like this: The Constitution is over 200 years old and societies change. It has to change with society, like a living organism, or it will become brittle and break.....But you would have to be an idiot to believe that....The Constitution is not a living organism, it is a legal document. It says something and doesn't say other things."
The Constitution was ratified in 1787. Since it was "originally written and intended", twenty seven amendments have been written changing the original writing and intentions. If we should truly leave it as it was, all (27) amendments should be repealed, including these:
The 1st Amendment: protecting the people's right to practice religion, to speak freely, to assemble (meet), to address the government and of the press to publish.
The 2nd Amendment: protecting the right to own guns.
The 4th Amendment: protecting the people from the government improperly taking property, papers, or people, without a valid warrant based on probable cause (good reason).
The 5th Amendment: protecting people from being held for committing a crime unless they are properly indicted, that they may not be tried twice for the same crime, that you need not be forced to testify against yourself, and from property being taken without just compensation. It also contains due process guarantees.
The 6th Amendment: that guarantees a speedy trial, an impartial jury, that the accused can confront witnesses against them, and that the accused must be allowed to have a lawyer.
The 8th Amendment: that guarantees punishments will be fair, and not cruel, and that extraordinarily large fines will not be set.
The 9th Amendment: a statement that other rights aside from those listed may exist, and just because they are not listed doesn't mean they can be violated.
The 13th Amendment abolishing slavery in the entire United States.
The 15th Amendment ensuring that race could not be used as a criteria for voting.
The 19th Amendment ensuring that women have the right to vote.
Come to think of it, Scalia and the fascist Bushies are working to repeal the 1st, 4th, 5th, 6th, 8th, 9th, and 15th right now. He's on his way unless freedom loving Americans stop him.
Posted on The Human Stain
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