Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Scalia: Abortion, death penalty "easy" cases
CBS News ^ | 10/5/2012

Posted on 10/05/2012 2:37:34 PM PDT by markomalley

Justice Antonin Scalia says his method of interpreting the Constitution makes some of the most hotly disputed issues that come before the Supreme Court among the easiest to resolve.

Scalia calls himself a "textualist" and, as he related to a few hundred people who came to buy his new book and hear him speak in Washington the other day, that means he applies the words in the Constitution as they were understood by the people who wrote and adopted them.

So Scalia parts company with former colleagues who have come to believe capital punishment is unconstitutional. The framers of the Constitution didn't think so and neither does he.

"The death penalty? Give me a break. It's easy. Abortion? Absolutely easy. Nobody ever thought the Constitution prevented restrictions on abortion. Homosexual sodomy? Come on. For 200 years, it was criminal in every state," Scalia said at the American Enterprise Institute.

(Excerpt) Read more at cbsnews.com ...


TOPICS: Constitution/Conservatism; Extended News
KEYWORDS: abortion; constitution; deathpenalty; gaymarriage; homosexualagenda; moralabsolutes; prolife; scalia; scotus; supremecourt
Needs to be in bolder print:

"The death penalty? Give me a break. It's easy. Abortion? Absolutely easy. Nobody ever thought the Constitution prevented restrictions on abortion. Homosexual sodomy? Come on. For 200 years, it was criminal in every state,"

1 posted on 10/05/2012 2:37:38 PM PDT by markomalley
[ Post Reply | Private Reply | View Replies]

To: markomalley

Always liked Scalia, and I like him a little more than yesterday...


2 posted on 10/05/2012 2:46:20 PM PDT by delcopatriot
[ Post Reply | Private Reply | To 1 | View Replies]

To: markomalley

I could try to parody this.

“The Constitution means what I say it means” or something

or maybe not


3 posted on 10/05/2012 2:46:44 PM PDT by GeronL (http://asspos.blogspot.com)
[ Post Reply | Private Reply | To 1 | View Replies]

To: GeronL

Not interpreting the Constitution as the writers intended is like critiquing “Wuthering Heights” as a soap opera. Peer review full text only references, no wikipedia allowed.

Who changed the rules? :) Make an amendment to interpret it according to the time it was written.


4 posted on 10/05/2012 3:36:26 PM PDT by huldah1776
[ Post Reply | Private Reply | To 3 | View Replies]

To: GeronL

Parody no..

The Constitution is what a one vote majority of nine justices say it is..folks can argue swear or whatever but that is the fact.


5 posted on 10/05/2012 3:39:40 PM PDT by montanajoe (Blame Flame Shame or Beg I won't vote for R/R)
[ Post Reply | Private Reply | To 3 | View Replies]

To: huldah1776

“Wuthering Heights” was boring. Soap Operas are boring. I can see how people would mistake them.


6 posted on 10/05/2012 3:46:23 PM PDT by GeronL (http://asspos.blogspot.com)
[ Post Reply | Private Reply | To 4 | View Replies]

To: markomalley; nickcarraway; NYer; ELS; Pyro7480; livius; ArrogantBustard; Catholicguy; RobbyS; ...

Discussion Ping!


7 posted on 10/05/2012 5:20:56 PM PDT by Salvation ("With God all things are possible." Matthew 19:26)
[ Post Reply | Private Reply | To 1 | View Replies]

To: markomalley

“The death penalty? Give me a break. It’s easy. Abortion? Absolutely easy. Nobody ever thought the Constitution prevented restrictions on abortion. Homosexual sodomy? Come on. For 200 years, it was criminal in every state,”

This is a true patriot!


8 posted on 10/05/2012 6:12:52 PM PDT by diamond6 (Freerepublic.com and Hillbuzz.org are my go to sites for conservative news.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: montanajoe
Congress does not use the power it has to constitutionally curb the courts.
9 posted on 10/06/2012 4:32:17 AM PDT by Jacquerie (Exterminate rats.)
[ Post Reply | Private Reply | To 5 | View Replies]

To: Jacquerie
A very interesting read, thanks for posting it.

It's a viable option that rivals my "Just start impeaching" concept. The only trouble is the same across the board when we the great unwashed try to exercise our right to control Washington DC. They regard themselves as the all important 'we the people'.

They live together, party together, and hire domestic servants from a shared pool. They divide themselves as equally as possible to be seen as democrats and republicans for outward appearances.

10 posted on 10/06/2012 12:50:12 PM PDT by WhoisAlanGreenspan?
[ Post Reply | Private Reply | To 9 | View Replies]

To: WhoisAlanGreenspan?
Well, there are some options, and a few impeachment scalps each year would, I think, send a certain message to the others.

One of the ideas I recall from Newt, was to disestablish the Ninth Circus. All lower courts exist at the pleasure of Congress and there is absolutely nothing unconstitutional if Congress expressed its disgust by sending the lot of them packing home and starting over.

Three Fl Supremes are up for retention votes this cycle and I'm not in retaining type of mood.

11 posted on 10/06/2012 2:25:16 PM PDT by Jacquerie (Exterminate rats.)
[ Post Reply | Private Reply | To 10 | View Replies]

To: WhoisAlanGreenspan?

If we win Congress and the Presidency, I intend to weekly remind my fellow Freepers to spend less time ranting to the choir, and instead become a penpal, wanted or not, with
our congressional delegations.

We stomped on Bush over Amnesty, and if bolstered with more Tea Party Congressmen/Senators next month, there is no reason we cannot tidal wave them with demands for conservative reform.


12 posted on 10/06/2012 2:35:21 PM PDT by Jacquerie (Exterminate rats.)
[ Post Reply | Private Reply | To 10 | View Replies]

To: Jacquerie
Keep talkin kiddo, I'm with you all the way.

The problem of course is evident even here in this thread. I saw it this morning before I went to work. Read it, had no time. Looked for it much later, while wolfing down my lunch I typed what I could.

It's odd when I can even find a thread hours later.

If nobody cares at FR, well that's just not good. If all the good conservatives are as busy as I am. Just trying to run a biz in this economy. Well honestly, I'm out of time again!

13 posted on 10/06/2012 3:18:32 PM PDT by WhoisAlanGreenspan?
[ Post Reply | Private Reply | To 12 | View Replies]

To: markomalley

Wish they were all like Justice Scalia.


14 posted on 10/07/2012 5:16:37 PM PDT by well woman waiting
[ Post Reply | Private Reply | To 1 | View Replies]

To: montanajoe

That is truly frightening considering who is getting put on the bench. And the oversight is supposed to be the Executive Branch and Congress? (gag)


15 posted on 10/07/2012 5:16:52 PM PDT by well woman waiting
[ Post Reply | Private Reply | To 5 | View Replies]

To: montanajoe
The Constitution is what a one vote majority of nine justices say it is..folks can argue swear or whatever but that is the fact.

If that is the case then the Supreme Court is not constrained by the Constitution. That is, the Court could decide a case that directly gives aid and comfort to the enemies of the United States (like, say, forbidding the States to uphold federal immigration law) and nothing can be done about it.

Indeed, if the Constitution is whatever the majority of Justices say it is, then they are a super-legislature and can make whatever laws they please (like Obamacare) and unmake legitimate laws enacted by the states (like what Roe v. Wade did to the states) regardless of any constraint.

16 posted on 10/13/2012 4:52:21 PM PDT by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
[ Post Reply | Private Reply | To 5 | View Replies]

To: well woman waiting
Wish they were all like Justice Scalia Thomas.
17 posted on 10/13/2012 5:16:55 PM PDT by 1010RD (First, Do No Harm)
[ Post Reply | Private Reply | To 14 | View Replies]

To: OneWingedShark
Yep that's about the size of it...
18 posted on 10/13/2012 8:48:29 PM PDT by montanajoe (Blamed Flamed Shamed didn't vote for R/R or O/B)
[ Post Reply | Private Reply | To 16 | View Replies]

To: montanajoe
Then all hail the Black Robed god-Kings!
Liberty is Dead, Long Live Tyranny!

[/sarc]

19 posted on 10/13/2012 11:09:25 PM PDT by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
[ Post Reply | Private Reply | To 18 | View Replies]

To: OneWingedShark
On the other hand either of the liberals running for President will appoint justices who will stick to the constitution ....sarc
20 posted on 10/14/2012 12:37:32 PM PDT by montanajoe (Blamed Flamed Shamed didn't vote for R/R or O/B)
[ Post Reply | Private Reply | To 19 | View Replies]

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson