Constitutional Interpretation: Scalia vs. Breyer
"...decisions without a frame of reference to what the Founders intended would lead to “the end of democracy”. Once we abandon their intentions and substitute our own, Scalia said, “we are at sea.” Some on the court, Scalia continued, insert their own feelings and beliefs and values into the decision-making process, in order to create a “happier” society...
“We’re not here to make a happier society. We’re here to determine what the people were thinking when the 14th Amendment was ratified.”
I have said it before. If you want to see into the hearts and minds of the founders, you have to look no further than that of Justice Scalia. Now I will add this... If you want to see the destruction of America, look no further than that of Justice Breyer.
JBS has been on the 'front-lines' for a long time ---thank you for posting the article...
ReplyDeleteC-CS
I was unaware Justice Scalia could reach back into time 200 years and read the minds of our Founding Fathers Rattler. What an incredible skill he has.
ReplyDeleteC-CS... JBS is an interesting group. I just have a hard time justifying the membership cost.
ReplyDeleteHey Truth, one of them nutty founders wrote "On every question of construction carry ourselves back to the time when the Constitution was adopted, recollect the spirit manifested in the debates and instead of trying what meaning may be squeezed out of the text or invented against it, conform to the probable one in which it was passed." His name? Thomas Jefferson. Thankfully they wrote enough of their thoughts down that we really can look back 200 years with little doubt to it's meaning and intent.
And there were several different mindsets among the writers of the Constitution Rattler. Some wanted a strong federal government. Others didn't. They worked through this and made the greatest document ever written by man.
ReplyDeleteI think the Constitution shows the wisdom of our Founding Fathers on both sides of the argument by being flexible enough that it is just as relevant today as 200 years ago.
Our world is always shrinking and we need a government that can help our economy compete and grow against the economies of other nations. There are more threats than just military now more than ever. What other entity besides a strong government can affect the regulation to protect our consumers and our markets from nations that would flood us with cheap, and unsafe goods. Chinese drywall ring a bell Rattler?Or Take our jobs with cheap labor.