Sure. Why not. The Constitution is a living, breathing document, no? /sarc GGGRRRRRRRRRRR!
Posted on 11/20/2008 9:18:33 AM PST by Daffynition
Judges who use foreign laws to interpret the U.S. Constitution are rewriting it rather than respecting its founders, U.S. Supreme Court Justice Antonin Scalia told a roomful of judges and top lawyers in Houston on Monday night.
"I fear the courts' use of foreign law in interpreting the Constitution will continue at an accelerated pace," the 72-year-old conservative jurist said.
Scalia spoke at a $150-a-head steak and potatoes dinner sponsored by the local chapter of the Federal Bar Association and held at the Hyatt Regency Houston downtown. Before talking for about 30 minutes, the jurist autographed copies of a book he co-authored.
Scalia promised to be noncontroversial but frequently used the example of Lawrence v. Texas, a Houston case in which he disagreed with the majority that struck down Texas' anti-sodomy law. Scalia complained that foreign laws were cited in that case.
Scalia was typically evangelical in his advocacy of "originalism," or strictly adhering to what the Constitutional authors meant more than 200 years ago. He criticized those who see the Constitution as an evolving or "living document" that adapts to the times.
The 1986 Reagan appointee said he'll only become a believer in those who cite foreign law if they do it more universally, like in abortion cases where more countries prohibit it than don't. "The court has ignored foreign law in its abortion cases," he said.
Scalia said the founders of this country did not want us to emulate Europe.
[snip]
(Excerpt) Read more at chron.com ...
That is sad but true, however GW could have recess appointed every time they took a break. Kept the issue on the front page, but he chose the McCain way, setting a "New Tone" of cross the Isle cooperation. Yes I know about Grahamnesty and McCain and the band of 14. He could have pressured the Republican Senate to actually force an actual Filibuster. Oh well, same old crap coming again soon.
Sure. Why not. The Constitution is a living, breathing document, no? /sarc GGGRRRRRRRRRRR!
The Federalist Papers should be required reading for high school graduation.
For those of you who would rather listen to the Federalist papers, here is another link with audio & mp3 downloads:
http://www.americanaphonic.com/pages/federalistshow.html
Kudos to Scalia.
Some exceptions to common law include Louisiana, and the concept of community property which derives from Spanish legal traditions.
Bubba Ho-Tep, are you a Joe Lansdale fan?
Not really. Nothing against him, just not that familiar. The name comes from the fact that I'd literally seen the movie the night before and it was the first thing that came to mind.
The First and Second Amendments reflect our basic standards of rights -- to life, liberty, and property..
Rights which cannot be altered or infringed, even through the amendment process. -- Any 'amendments' that violated our basic rights would be unconstitutional, - null & void from enactment. [see Marbary v Madison]
Does Obama know that?
You better believe that obama contends that the bulk of the document, like the First and Second Amendment reflects basic standards of government which can be altered through the amendment process.
He is a democratic 'majority rule' socialist, bet on it.
Nice photo, but wheredit go?
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