Posted on 02/14/2016 7:00:08 AM PST by Enlightened1
The death of Supreme Court Justice Antonin Scalia doesn't merely mark a tragedy for Constitutional philosophy - it may mark the death of American Constitutionalism as a whole.
Scalia's philosophy of jurisprudence is well-known and shaped two generations of conservative thinkers: the Constitution ought to be interpreted according to its original meaning. This shouldn't have been a groundbreaking notion given that most legislation is interpreted according to those rules, but because leftist jurists have spent a century chiseling away at the meaning of the Constitution based on their personal political beliefs, Scalia's reinvigoration of traditional interpretive methodologies made him a historic figure. Scalia's brilliant, passionate writing style made him author of some of the most famous dissents in Supreme Court history, and channeled the modern conservative frustration with the continuing abandonment of the Constitution.
Scalia's jurisprudence also reminded conservatives that there is no substitute for proven Constitutional originalism. Most conservatives ignored that when they greenlit the appointment of cipher John Roberts for Chief Justice of the Supreme Court, a point I made when he was appointed. But Scalia provided a consistent reminder that Constitutional philosophy matters. It isn't just a game of doing whatever you want politically. Constitutional jurisprudence is about recognizing the limits of the federal government - and recognizing the limits of the politicization of the Court itself.
In the end, Scalia's death could mark the end of the Constitution itself. That's because the current Supreme Court rested, until Scalia's death, on the vague, confused, indeterminate philosophy of Justice Anthony Kennedy, who apparently decides cases on the basis of whether he has a solid bowel movement that morning. That means that half the time, the Constitution has a shot, as in Citizens United; the other half of the time...
(Excerpt) Read more at breitbart.com ...
Agree. Hope the senile old woman forgets to step down until a republican is ion office, but my guess is that Kagen and the oleo so wise Latina is trying to persuade her to step down so they can get another young liberal activist on that bench.
You couldn’t be more correct if you tried. We can’t even disagree without forming a circular firing squad.
The audience at last night’s “debate†should give you some idea.
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The “audience” was just a bunch of political donors, not real people. These farcical debates have turned into a staged show. A circus might be a better description.
Obama gave us Sotomeyer and what’s her face. Do you really think that Roberts is worse? I want to know how Scalia died.
I agree.
You are so very correct in your statement, that ONE man on the court holds the balance of our nation in his hands is VERY FRIGHTENING!!!!!
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It was Roberts that gave us Obamacare.
This guy was suppose to be a conservative.
And knowing he has five out of nine justices in his back.pocket obama will be even more aggressive with these executive orders and ruling by decree. If 5,out of 9, will back whatever he does, there will be nothing to stop him.
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Absolutely right. Now he has tremendous incentive to stick around for another four years (or more).
>>it may mark the death of American Constitutionalism as a whole<<
I hate to break it to folks...we still have millions that understand what is at stake. We have millions of patriotic Americans that when push comes to shove, will push back.
Get ready for GINSBERG to resign also!!!! With NO CHANCE of changing the balance of the court for the next 2 generations!!!!!
Thanks for posting.
We'll be just like venezuela. (from WSJ via ZeroHedge)
"Thanks to the Supreme Court decision, Maduro obozo doesn't need the assembly's Senate's permission to intervene further in business, to allocate funds for imports, and to introduce new capital controls. The opposition is furious and says it will speed up efforts to usurp Maduro obozo once and for all.
"The Supreme Court of Justice has spoken, its word is holy and must be respected by all parts of society and all institutions," Maduro obozo declared.
when push comes to shove, the republicans stand for the democrats; their good friends across the aisle.
Ginsberg will be 83 next month. She looks ancient next to my 95 years young Mom who starts the day at 7:30 with breakfast, newspaper, the crossword puzzle and if I’m there asks me, “Son, how many more days of Obama?”
My wife read to me Obama’s `short list’ of SCOTUS replacements. After Hillary, Eric Holder & Deval Patrick the list is majority female, ethnic, & based in lower courts or academia.
Please, Lord, give the Republicans enough gumption to put up a fight.
You seem to think Cruz is the ONLY ONE who could choose a justice I am VERY SORRY to differ with you!!!! Cruz PUSHED Roberts, Reagan gave us Kenned, Cruz is NOT the answer Cruz CAN NOT win the General!!!
What I want to know is how the regime managed to kill him. I hope the autopsy is thorough!
News Flash to those who are living in a None Reality World!
The Constitution is ALL READY DEAD!
What is in control now is the Beast(EVIL) and that Beast(EVIL) will not go away while Men Pledge Allegiance to it vice God!
I am disturbed at the passing of Scalia, but if the Constitution depends on the existence of just one man, then we are already finished.
People need to back off the drama.
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