"My approach recognizes the basic principle of a written Constitution. We "the people" adopted a written Constitution precisely because it has a fixed meaning, a meaning that does not change. Otherwise we would have adopted the British approach of an unwritten, evolving constitution.
Aside from amendment according to Article V, the Constitution's meaning cannot be updated, or changed, or altered by the Supreme Court, the Congress, or the President.
Of course, even when strictly interpreted as I believe it should be, the Constitution remains a modern, "breathing" document as some like to call it, in the sense that the Court is constantly required to interpret how its provisions apply to the Constitutional questions of modern life.
Nevertheless, strict interpretation must never surrender to the understandably attractive impulse towards creative but unwarranted alterations of first principles."Supreme Court Justice Clarence Thomas
Speech to the American Enterprise Institute for Public Policy Research,
February 2, 2001
"Robert F. Kennedy used to say, 'Some men see things as they are and ask why.
Others dream things that never were and ask why not?';
that outlook has become a far too common and destructive approach to interpreting the law."Supreme Court Justice Antonin Scalia
Speech at Catholic University, Columbus School of Law.
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