Scalia Assails Living Constitutionalists
With his hunting pal Dick Cheney having shot an attorney over the weekend, Justice Scalia decided to take aim at a group of lawyers himself last night. The AP is reporting that in a speech delivered in Puerto Rico at a Federalist Society confab, Scalia said that one would have to be an “idiot” to believe the Constitution would break if it didn’t change with society.Scalia also reportedly delivered some of the comments in the Bob Dole-esque third person: “Scalia does have a philosophy, it’s called originalism. That’s what prevents him from doing the things he would like to do.” And according to that judicial philosophy, he said, there can be no room for personal, political or religious beliefs.
Here’s the money quote critical of the anti-originalists, or so-called living constitutionalists:
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.
Comments
I agree with Scalia. Our interpretation of the Constitution in the context of legal questions and rulings already affords certain inherent "flexibility" as we utilize the document to shape our policies and legal decisions for our country. The Constitution should not be viewed as a "living organism" subject to the judicial whims of the day, no matter how gifted and well intentioned our justices may be.
A more cautious (dare I say "constuctionist"?) view/use of the U.S. Constitution has served this country well for over 200 years. If ultimately successful, those who seek to portray the Constitution as a "living organism" will jeopardize the strength of the original document and the legal system it supports.
Posted by: Laura | February 16, 2006 2:23 PM