Scalia says Constitution silent on abortion, race in school

cnn.com ^ | 16 October 2006

[Aussie Dasher]

WASHINGTON (AP) -- Justice Antonin Scalia on Sunday defended some of his Supreme Court opinions, arguing that nothing in the Constitution supports abortion rights and the use of race in school admissions.

Scalia, a leading conservative voice on the high court, sparred in a one-hour televised debate with American Civil Liberties Union president Nadine Strossen. He said unelected judges have no place deciding politically charged questions when the Constitution is silent on those issues.

Arguing that liberal judges in the past improperly established new political rights such as abortion, Scalia warned, "Someday, you're going to get a very conservative Supreme Court and regret that approach."

"On controversial issues on stuff like homosexual rights, abortion, we debate with each other and persuade each other and vote on it either through representatives or a constitutional amendment," the Reagan appointee said.

"Whether it's good or bad is not my job. My job is simply to say if those things you find desirable are contained in the Constitution," he said.

Scalia's comments come as the Supreme Court this term will hear closely divided issues involving partial-birth abortion and school integration. They are expected to test the conservative impact of the court's two newest members, Chief Justice John Roberts and Samuel Alito.

Scalia, 70, has consistently voted to limit the use of race in school admissions and has called for the 1973 Roe v. Wade decision establishing a woman's right to abortion to be overruled. But his influence was often limited by moderate Sandra Day O'Connor, who cast deciding votes on those issues against him.

[sageb1]

"However, through generations, through generations, technology has allowed us to engage in war and the use of technology."

And Jefferson, innovator that he was, would have used the Air Force if it had existed against the Barbary Pirates.

[Prophet in the wilderness]

You bet he would, DITTOS

[ModelBreaker]

let alone something that a "lady" would demand the right for.

In 1783, you wouldn't have needed to use quotes.

[sageb1]

"It's just that back then, it wasn't something you would talk about openly let alone something that a "lady" would demand the right for."

In fact, the original suffragists would be appalled by the twisting of their campaign by the 2nd and 3rd wave feminists.

[cpforlife.org]

In the Notes Jefferson dwells on the American Indian's apparent ability to prevent pregnancy or to induce abortion, noting that the Indians had few children

In 1782 Thomas Jefferson published “Notes on the State of Virginia” In it he discusses the American Indian's apparent ability to prevent pregnancy or to induce abortion, noting that in difficult circumstances the Indians had few children.

It’s important to note that Jefferson does not mention in this writing his own opinion on abortion.

The link below is to the entire text. The easiest way to get to the specific passage is do a search on the word “abortion”.

http://etext.virginia.edu/etcbin/toccer-new2?id=JefVirg.sgm&images=images/modeng&data=/texts/english/modeng/parsed&tag=public&part=all

And here is the text (in context):


It is civilization alone which replaces women in the
enjoyment of their natural equality. That first teaches us to subdue the selfish passions, and to respect those rights in others which we value in ourselves. Were we in equal barbarism, our females would be equal drudges. The man with them is less strong than with us, but their woman stronger than ours; and both for the same obvious reason; because our man and their woman is habituated to labour, and formed by it. With both races the sex which is indulged with ease is least athletic. An Indian man is small in the hand and wrist for the same reason for which a sailor is large and strong in the arms and shoulders, and a porter in the legs and thighs. -- They raise fewer children than we do. The causes of this are to be found, not in a difference of nature, but of circumstance. The women very frequently attending the men in their parties of war and of hunting, child-bearing becomes extremely inconvenient to them. It is said, therefore, that they have learnt the practice of procuring abortion by the use of some vegetable; and that it even extends to prevent conception for a considerable time after. During these parties they are exposed to numerous hazards, to excessive exertions, to the greatest extremities of hunger. Even at their homes the nation depends for food, through a certain part of every year, on the gleanings of the forest: that is, they experience a famine once in every year. With all animals, if the female be badly fed, or not fed at all, her young perish: and if both male and female be reduced to like want, generation becomes less active, less productive. To the obstacles then of want and hazard, which nature has opposed to the multiplication of wild animals, for the purpose of restraining their numbers within certain bounds, those of labour and of voluntary abortion are added with the Indian. No wonder then if they multiply less than we do. Where food is regularly supplied, a single farm will shew more of cattle, than a whole country of forests can of buffaloes. The same Indian women, when married to white traders, who feed them and their children plentifully and regularly, who exempt them from excessive drudgery, who keep them stationary and unexposed to accident, produce and raise as many children as the white women. Instances are known, under these circumstances, of their rearing a dozen children. An inhuman practice once prevailed in this country of making slaves of the Indians. It is a fact well known with us, that the Indian women so enslaved produced and raised as numerous families as either the whites or blacks among whom they lived.

[Almondjoy]

That doesn't make any sense......


The Supreme Court didn't establish an Air Force either.. if they had.. I'm sure that Scalia would be saying "The constitution doesn't mention an Air Force either."

[cpforlife.org]

47+ MILLION Children have been dismembered while alive since Roe.

1973 United States Supreme Court

“The greatest evil is not done in those sordid dens of evil that Dickens loved to paint but is conceived and ordered (moved, seconded, carried, and minuted) in clear, carpeted, warmed, well-lighted offices, by quiet men with white collars and cut fingernails and smooth-shaven cheeks who do not need to raise their voices.”
C. S. Lewis

[saradippity]

Thank you for presenting Alan Keyes words on the relationship between the Declaration of Independence and the Constitution.(posts #'s 54 and 56)

I learned that in the eighth grade,in the early 50's,although Mrs. Long (the teacher) expressed it far less eloquently than Alan. I thought about responding to Crypticon but felt that Mrs. Long and sara dippity combined did not have the fire power to convince him/her.

I will be eagerly watching for Cryptical's response.

[sageb1]

Alas, spin, not common sense, is the way of the world nowadays.

[Kenny Bunk]

I don't think our American founding fathers knew what abortion was

They damn sure did. It was illegal.

[perfect stranger]

Not that you deserve it, but here's the quote:

Why don't I desreve it? I'm confused here. What did I do to offend you?

[thoughtomator]

God bless that man!

[TheThinker]

He does have a lot of courage. I think he believes in the truth and brilliance contained in the Constitution. Yet, the hatred he engenders in liberals is enormous. The liberal way of thinking is very seductive because it's simplistic and egalitarian. Liberals have that childlish, kneejerk way of looking at the world as if all things should be equal instead of all people.

[the invisib1e hand]

Yet, the hatred he engenders in liberals is enormous.

That's progress.

[MineralMan]

"Unlike today, this was really the only way a woman knew something was alive inside of her. "

Not at all. Cessation of the menses, enlargement of the breasts, morning sickness, and other signs have always been recognized by women as evidence of pregnancy.

Women have known they were pregnant before quickening throughout time.

[Theophilus]

I love Scalia, but let me help him here:

Amendment V

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

[Prokopton]

Not at all. Cessation of the menses, enlargement of the breasts, morning sickness, and other signs have always been recognized by women as evidence of pregnancy. Women have known they were pregnant before quickening throughout time.

Women might have known that they were pregnant but they did not know what this meant as far as fetal development and there being a living person inside of them. Miscarriages were common and an early stage fetus that was miscarried was not always recognizable as a "person". Quickening was the unmistakable sign that there was a living being inside of them, a being that was to be protected.

[G Larry]

"Life, Liberty, and the Pursuit of Happiness..."

LIFE pretty much covers it for me!

[TheFrog]

But does mention the Navy, which by the way is suppose to be the only “standing” branch of the military if you get right down to it.

[TBP]

The Constitution expressly prohibits taking a human life without due process.

IOW, it bans abortion.