Scalia Rips Activists Judges

Associated Press 2005 | 01-26-05

[clearsight]

Wednesday, Jan. 26, 2005 9:53 a.m. EST Scalia Rips Activist Judges U.S. Supreme Court Justice Antonin Scalia said Tuesday that judges should look to historical practices when ruling on religious issues.

Speaking at the University of Michigan, Scalia criticized judges for using what he called "abstractions" to interpret religious issues when they should be looking to the text of the Constitution itself. "The Constitution says what it says and does not say what it does not say," he said. Scalia's appearance was sponsored by Ave Maria School of Law, a private school in Ann Arbor backed by Domino's Pizza founder and Roman Catholic philanthropist Thomas Monaghan. Scalia also is a Catholic. Some of the Supreme Court's biggest and most contentious cases involve religion. When an atheist challenged the words "under God" in the Pledge of the Allegiance, the justices settled the case last year without ruling on the merits. Scalia recused himself after mentioning the case in a speech and complaining that courts are stripping God from public life. In early March, the court will take up two cases that question the constitutionality of government displays of the Ten Commandments. Courts around the country have splintered over whether exhibits in town squares and courthouses violate the constitutional principle of separation of church and state. © 2005 The Associated Press

[Inspector Morse]

Thanks. Scalia is a jewel in the crown of American legislation. A non-dogmatic man of principe, super-intelligent, non-partisan, and the ultimate in trustworthiness. And he has the guts to stand up to faulty reasoning in his own Republican ranks.
Wish there were more like him.
IM.

[The Ghost of FReepers Past]

Scalia is a jewel in the crown of American legislation. A non-dogmatic man of principe, super-intelligent, non-partisan, and the ultimate in trustworthiness. And he has the guts to stand up to faulty reasoning in his own Republican ranks. Wish there were more like him.

Yep!

[pjd]

Courts around the country have splintered over whether exhibits in town squares and courthouses violate the constitutional principle of separation of church and state

And exactly what 'constitutional principle of separation of church and state' would that be? It sure doesn't exist in the U.S. Constitution. That phrase should never go unchallanged.

[Redbob]

""The Constitution says what it says and does not say what it does not say,"

Should be tatooed on federal judges' forearms!

[kenth]

But I thought the Constitution was this groovy living-breathing document that means whatever you want it to mean.

[tacticalogic]

And exactly what 'constitutional principle of separation of church and state' would that be? It sure doesn't exist in the U.S. Constitution.

It's right there alongside "substantial effects".

[David75]

Scalia is a jewel in the crown of American legislation

I thought legislating from the bench was the problem.

[Eric in the Ozarks]

That's what Algore thinks. The people of Tennessee didn't agree.

[jwalsh07]

He should rip them on a daily basis. At least somebody should.

[Inspector Morse]

point taken. but you know what I meant anyway.

[eastsider]

And the 'penumbra of privacy' ...

[stevio]

God bless him, and I'm hungry for a Domino's Pizza.

[nightdriver]

"The Constitution says what it says and does not say what it does not say,"...

I wonder what Scalia would say about the reprobate Wm. O. Douglas' "penumbras and emanations."

[TChris]

Scalia is a jewel in the crown of American legislation the American juciciary.

Isn't that what you meant? ;-)

[DustyMoment]

Yep, sounds like Justice Scalia has thrown his hat in the ring for consideration as Chief Justice. If Bush nominates him, it will make the Dems even more nutso than Condi's nomination.

I love it . . . . . . and I hope Bush does it!!!

[LearnsFromMistakes]

One would think that this would be common knowledge. Sadly, only the most educated have trouble with this statement...

[sergeantdave]

Our judges are as honest as other men and not more so. They have, with others, the same passions for party, for power, and the privilege of their corps. . . . and their power the more dangerous as they are in office for life and not responsible, as the other functionaries are, to the elective control. - Thomas Jefferson

[tacticalogic]

I wonder what Scalia would say about the reprobate Wm. O. Douglas' "penumbras and emanations."

I don't know about Scalia, but Thomas reportedly has a sign on the wall in his office that says "Do Not Emanate Into the Penumbra".

[Ancesthntr]

"The Constitution says what it says and does not say what it does not say,"

Gee, whodathunkit? It is truly a shame that a statement like this makes news. What's next, "President Bush states that the sky is blue?"

I'm glad that someone of Scalia's stature said this. Now let's see him and at least 4 of his fellow Justices consistently enforce that notion, by telling the assorted dingbats and wingnuts on the various District and Circuit Courts to shove their activist decisions where the sun don't shine. A good place to start is with the church/state issues, and a great second place is with anything having to do with the regulation/taxing/banning of any firearms or firearms accessory.