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Education

‘It’s Dead, Dead, Dead’: Justice Scalia Blasts Schoolchildren Who Don’t Understand the Constitution

Jan. 29, 2013 2:30pm

Justice Antonin Scalia’s outspoken advocacy for originalism has on occasion reached controversial heights. Certainly, that may well be the case with his most recent comments, excoriating schoolchildren for misinterpreting the constitution (or, one supposes, for accepting their teachers’ willful misinterpretation): 

On Monday, Scalia had a different target for his ire. He complained of schoolchildren who visit the Supreme Court and call the Constitution a “living document.”

“It’s not a living document,” Scalia said, according to the Dallas Morning News. “It’s dead, dead, dead.”

Scalia also suggested on Monday night that his strict interpretation of the Constitution sometimes forces him to write opinions that conflict with his personal beliefs.

This issue – that of the “living constitution” – has been a pet peeve of Scalia’s for a while. As far back as March of 2005, Scalia had attacked the idea of a “living constitution,” according to the Associated Press:

Justice Antonin Scalia criticized the Supreme Court’s recent decision to strike down the juvenile death penalty, calling it the latest example of politics on the court that has made judicial nominations an increasingly bitter process.

In a 35-minute speech Monday, Scalia said unelected judges have no place deciding issues such as abortion and the death penalty. The court’s 5-4 ruling March 1 to outlaw the juvenile death penalty based on “evolving notions of decency” was simply a mask for the personal policy preferences of the five-member majority, he said.

“If you think aficionados of a living Constitution want to bring you flexibility, think again,” Scalia told an audience at the Woodrow Wilson Center, a Washington think tank. “You think the death penalty is a good idea? Persuade your fellow citizens to adopt it. You want a right to abortion? Persuade your fellow citizens and enact it. That’s flexibility.” 

“Why in the world would you have it interpreted by nine lawyers?” he said.

Scalia made similar remarks last year while speaking at Princeton University.  Indeed, attacking the concept of a “living constitution” has become something of a staple in the Justice’s speeches, as has making controversial comments. Nevertheless, to hear him complain of its coming from the mouths of children is a new level of ferocity.

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Comments (200)

1 2 3
  • RayGone
    Posted on January 29, 2013 at 3:47pm

    Scalia helped
    kill the Constitution back
    in 2000, when he and his gang of 5 appointed Boy George to the presidency.

    Report this comment

    RayGone  
    • 00100111
      Posted on January 29, 2013 at 3:59pm

      Yawn.

      Report this comment

      00100111  
    • oldironsides
      Posted on January 29, 2013 at 4:06pm

      gone- your lack of education has hurt you

      Report this comment

      oldironsides  
    • AINT_SKEERT
      Posted on January 29, 2013 at 4:08pm

      He knew that that the dems. would keep recounting until they won. “Oh look, another trunk full of blue votes.” kind of recounting. And throwing out military votes by Gore goes beyond vile.

      Report this comment

      AINT_SKEERT  
    • gs425
      Posted on January 29, 2013 at 4:50pm

      DUHHHHHHHH:

      http://www.nytimes.com/2001/11/12/politics/12VOTE.html

      Report this comment

      gs425  
    • dvaughn1155
      Posted on January 29, 2013 at 5:09pm

      And if they sided with Gore they would have been called insightful, get over it.

      Report this comment

      dvaughn1155  
    • rgdaguanno
      Posted on January 29, 2013 at 5:25pm

      Sad that some people are still so uneducated on what the court did in 2000. They did not choose Bush as the president, but just upheld the lower court rulings on how to read the ballots. The job of the Supreme Court is to review the rulings of lower courts to ensure the rulings were within the bounds of laws and the Constitution.

      Report this comment

      rgdaguanno  
    • JRook
      Posted on January 29, 2013 at 5:28pm

      Twenty-seven amendments have been ratified since the original signing of the Constitution, the first ten of which are known collectively as the Bill of Rights. Perhaps Scalia should attend some HS classes for remedial work on the fluidity of the Constitution.

      Report this comment

      JRook  
    • Walkabout
      Posted on January 29, 2013 at 5:35pm

      Raygone

      I remember 2000. That is when the Demoncat party did not want to count military overseas ballots.

      Al Gore & conspirators only wanted to count counties beneficial to his tally & not the whole state.

      Try Harder.

      Report this comment

      Walkabout  
    • American_Made
      Posted on January 29, 2013 at 5:44pm

      Another limited braincell individual. What a surprise. Activist Liberal judges have destroyed this country.

      Report this comment

      American_Made  
    • SocialistSlayer
      Posted on January 29, 2013 at 5:51pm

      Raygone – Communist Alert – Communist Alert !

      Report this comment

      SocialistSlayer  
    • horsehockey
      Posted on January 29, 2013 at 5:51pm

      Raygone, now we not only know what a brain on drugs looks like, we know what a brain on drugs thinks like.

      Report this comment

      horsehockey  
    • LifeandLiberty2
      Posted on January 29, 2013 at 6:00pm

      Raygone, get real and seek the truth. Al Gore sealed his fate by not asking for an entire state recount therefore all the votes in all the other counties were disenfranchised or not treated the same. However, and most importantly prior to the SCOTUS ruling the Florida Secretary of State certified the vote and transmitted the results to the entity in D.C. that tallies the results for all the other states in regards to counting the Electoral College votes. That act is why Bush became President not any action by the SCOTUS.

      Report this comment

      LifeandLiberty2  
    • MinoriTeaPartier
      Posted on January 29, 2013 at 6:05pm

      If anything, Al Gore killed it by taking it to court in the first place…

      Report this comment

      MinoriTeaPartier  
    • neidermeyer
      Posted on January 29, 2013 at 6:51pm

      Scalia killed the USA in the 1980′s when he killed a key anti vote fraud case brought by the Collier brothers. If we had real reform then we wouldn’t have had the 2000 debacle or so many unexplainable vote totals in key districts and states.

      Report this comment

      neidermeyer  
    • bustedboomer
      Posted on January 29, 2013 at 6:53pm

      The evidence indicates that Bush would have taken Florida on a recount.

      Florida would have, if not prevented, denied equal suffrage to all voters by conducting a partial recount. That would have been gross and criminal.

      Report this comment

      bustedboomer  
    • TheAlamoLives
      Posted on January 29, 2013 at 7:07pm

      RAY IS GONE…For one second, imagine if Gore would have been declared the winner. Then think what Big Al would have done on 9/11. I hate to even imagine the response, if any, from the United States. Big Al could get OBL through environmental policies…green bombs, the whole thing!

      Report this comment

      TheAlamoLives  
    • TomFXSTC
      Posted on January 29, 2013 at 7:15pm

      Sorry But I voted for Pres. Bush Twice, But as time goes on I believe he was not that bright. when he was first elected ( before 9-11) I expected him to undo what the Clintons did in 1992 If you remember Clinton fired all the US attorney Generals. Bush should have done the same he didn’t.
      That’s why the Clintons sill have so much power today because some of the]m are still there today.
      Maybe if Gore was elected he would have been a one timer and we could be done with him and have a real conservative in office now.

      Report this comment

      TomFXSTC  
    • TomFXSTC
      Posted on January 29, 2013 at 7:16pm

      vv

      Report this comment

      TomFXSTC  
    • WTFHappenedToTheUSA
      Posted on January 29, 2013 at 7:44pm

      How do you figure liberal? At no pont,in time did Al Gore lead in any count or recount.

      I guess you can say liberals got their pay back…

      Because if you think Obammy won the 2012 election, I have a bridge to sell you.

      Lmmfao@ sad, pathetic liberals…lmmfao

      Report this comment

      WTFHappenedToTheUSA  
    • gwinf
      Posted on January 29, 2013 at 7:47pm

      Double YAWN….repeat yourself much?

      Report this comment

      gwinf  
    • miamisammy
      Posted on January 29, 2013 at 7:59pm

      It was Al Gore who DEMANDED that the Supreme Court get involved with the election!
      HE took it to the court and he lost. EVERY bit of evidence from recounts (observed by both sides) has conclusively shown that GORE LOST. PERIOD!! End of discussion.
      According to you revisionist weak minded liberals you think the Supreme court somehow inserted itself into the election. It DID NOT. Gore inserted the supreme court into the election.
      I also LOVE how you railed and b_tched and moaned about the Roberts court right up until he ruled in favor of Obamacare even though Roberts had to commit intellectual suicide by saying it was a tax and it was not a tax in the same opinion. Absolute intellectual absurdity but that doesn’t bother you libs as long as the decision goes your way. Straight out of “Rules for Radicals”. The ends justify any means in getting there.

      Report this comment

      miamisammy  
    • SendTheMeteors
      Posted on January 29, 2013 at 8:22pm

      You have to give Scalia credit for recognizing the Constitutional limits on the ownership of weapons (the Constitution being “dead” in his view).

      He has stated for the record that, ““So yes, there are some limitations that can be imposed [on gun ownership],” and “My starting point and probably my ending point will be what limitations are within the understood limitations that the society had at the time,” he said. “They had some limitations on the nature of arms that could be borne. So we’ll see what those limitations are as applied to modern weapons.”

      Walkabout says, “I remember 2000. That is when the Demoncat party did not want to count military overseas ballots.” Can you substantiate your view that Democrats “did not want to count military overseas ballots.” Do you mean that all Democrats, “didn’t want to count votes?” Huh? Put up or shut up. And please, don’t quote Rush Limbaugh or any other entertainer or rodeo clown. You’ve made a statement of fact about what “Democrats wanted.” Now put up or shut up. These kind of factoids are just stupid and add nothing to the dialogue. Put up or shut up.

      Report this comment

      SendTheMeteors  
    • MSBrewer
      Posted on January 29, 2013 at 8:39pm

      Sendthemeteors,

      Do you seriously lack even a minutia of ability at reading within context?

      He was describing the Democrat leadership. Was it Gore himself? Perhaps, but I disagree with blaming just the leadership of the party. I think it is individuals acting alone to disrupt the electoral process. Many of the ‘judges’ and counters of ballots lean democratic or are outright progressives and as such they have no moral code other than “whatever serves me best.” They fail to realize others deciding what serves them best is exactly what they are gonna get but that is for another time perhaps.

      Stop misquoting and placing meaning where it wasn’t implied. It makes your argument weak, and you appear less than intelligent.

      Report this comment

      MSBrewer  
    • SendTheMeteors
      Posted on January 29, 2013 at 9:23pm

      MSBrewer, “the Democratic leadership” didn’t want “did not want to count military overseas ballots.” Not the majority of Americans who voted for Gore (he did win the popular vote you’ll remember)? But the “Democratic leadership.”

      So Brewer, where is your evidence of what “the Democratic leadership” wanted? Well, let’s hear it. Put up or shut up. Yeah, wouldn’t it be just like those Democrats to “not want” votes counted. Well? Put up or shut up.

      Report this comment

      SendTheMeteors  
    • DonaldH
      Posted on January 29, 2013 at 9:25pm

      Raygone, you are simply an idiot,, or you think others are— For all that is honest will you fools finally get a clue what is true!! The better informed know all the supreme court really did, in basic terms without all the legal mumbo-jumbo– was declared the election over– 21 recounts were enough and even the BS New York Times reported by their own count that Bush’e margine had grown since the original count.. Gore’s whole game was to have absent ‘T”s counted only from the areas of Democrat strong holds while not counting the Absent ‘T”s” from Military— To say Bush didn’t win in 2000 is to finally admit JFK didn’t really win in 1960– God!! what do schools teach these days?

      Report this comment

      DonaldH  
    • rickroland
      Posted on January 29, 2013 at 10:14pm

      Are you an idiot in real life or do you just play one on a web site?

      Report this comment

      rickroland  
    • Obama_In_PeePee_Is_Becks_Art
      Posted on January 29, 2013 at 11:25pm

      “dead, dead, dead”

      Any man that can quote STAR TREK dialogue in the context of Obama and the U.S. Constitution, gets a gold star:

      episode – The S̶q̶u̶i̶r̶e̶ Dictator of G̶o̶t̶h̶o̶s̶ America
      http://farm1.static.flickr.com/80/347250926_3606788154_o.jpg

      OBAMA: “Do you know that y̶o̶u̶’̶r̶e̶ communism is one of the few predator s̶p̶e̶c̶i̶e̶s̶ philosophies that preys even on itself?”
      SCALIA: “You will hang by the neck, C̶a̶p̶t̶a̶i̶n̶ Obama, until you are dead, dead, dead!”
      http://craftylovejr.com/Donnie%20Love/Hang%20by%20the%20neck.png
      OBAMA (after “election”): “Now, you will behave yourselves hereafter, won’t you? Or I shall be very, very angry.”
      OBAMA (after patriots take back U.S.A.): “You always stop me when I’m having fun!”

      Report this comment

      Obama_In_PeePee_Is_Becks_Art  
    • DIR
      Posted on January 29, 2013 at 11:31pm

      I don’t know what this article has to do with Owl ‘Crap’ Gore, but since there is discussion of him, first of all Scalia was correct in his decision in all possible ways with the election recount (as adequately explained by others here). Even if Scalia had acted improper in his decision, and he didn’t, it was for a worthy cause. He knew what the country would be like with a nut like Owl at the helm. If Scalia was thinking that then he’s been proven correct in his thinking. Look where we are with Dalai Bama at the controls. Watch out, we’re getting ready to crash!

      Besides, he did Owl a huge favor, in any case, because now Gore is a big time wealthy entrepreneur using every capitalistic trick to keep his cash from the tax man. It’s interesting to watch these hypocrits win by the rules they openly claim to hate, because somehow the rules are unfair. Al is a hypocrites hypocrit and a nasty smelling one at that.

      Report this comment

      DIR  
    • muffythetuffy
      Posted on January 30, 2013 at 12:03am

      JUDGE SCALIA NOW SPEAKS FOR A DISGRACED AND DESPICABLE JOHN ROBERTS SUPREME COURT

      Even now mandating that Supreme Court Judges run for election like in other nations would not fix the damage that has been done in the past 20 years. Before the eyes of the World of Nations, the US Supreme Court is a despicable and disgraced match for the other two disgraced and despicable co-equal branches of the fallen United States Government. Decent people no longer have any use of what is passed off as the Rule of Law.

      Report this comment

      muffythetuffy  
    • muffythetuffy
      Posted on January 30, 2013 at 12:08am

      Yes, the House would have elected Bush to be President and the Senate would have elected Gore. But the living and breathing US Constitution said the Supreme Court would decide and Liberals were angry. Liberals are still angry. If we can secede the Liberals will be able to do anything they want with their own nation. We will go our own way.

      Report this comment

      muffythetuffy  
    • JohnofOregon
      Posted on January 30, 2013 at 12:33am

      Sendinthemeteors,

      Bush v gore is at Thomas.gov read the facts of the case. Military ballots were barred in several counties. Later on during one of the appeals it came out that two counties had also barred all oversees ballots that had not been open. These are courtroom facts, not media interpretation. A box of military ballots were found in the trunk of a care. Those were held in evidence in a related case and never counted.

      King county Washington a few years later, the county had a 110 percent turnout. The military ballots were found floating in the puget sound. That’s a fact. In that case a dozen poll workers wound up in jail. On the bright side a lot of residents a seattles largest pet semetary voted.

      The court cases that went out after that episode concluded with the supreme court not tossing the election out even though the justices admitted it was fraud.

      Oregons election system is now the cleanest. No ballot is anonymous. Only the content is. This system when put into place purged all sorts of individuals who wern’t qualified. We don’t have voter ID. We have a complex registration system with minimum id requirements period. Washington state is now phasing that system. The us congress is continuing to fight it because it is clean. That’s why dems want congress to run all elections from dc.

      The democrat model, keep counting until you get it right.

      Report this comment

      JohnofOregon  
    • Eyeball
      Posted on January 30, 2013 at 12:49am

      You got your spurs tangled up raygone. It never should have gone to the supreme court. Floridahh kept changing their election rules during the election counting. How would you like to play poker with someone who kept changing the rules during the game? Anyway, thank God the global warming Goreman didn’t become President.

      Report this comment

      Eyeball  
    • Enuff Zenuff
      Posted on January 30, 2013 at 4:04am

      @Sendthemeteors:
      You asked Walkabout, “Can you substantiate your view that Democrats “did not want to count military overseas ballots.” Do you mean that all Democrats, “didn’t want to count votes?” Huh? Put up or shut up.”

      Yes – I will substantiate Walkabout’s statement… It’s real easy, because I clearly remember watching the Democrat’s lawyers challenging every single Military absentee ballot over the most trivial issues… It filled me with the greatest sense of disgust and loathing that I have ever experienced… especially because I kept waiting for some Democrat – ANY Democrat to have the decency to speak up against it and say “NO! – STOP! – THIS IS WRONG!”…

      The silence from the left was so deafening that I remember concluding that I could never, ever again, even consider voting for another Democrat since I couldn’t find even one member of their party with the integrity to speak out against the vile efforts to deny our soldiers their sacred right to vote…

      Now it’s time for you to Put up or Shut Up! – I challenge you to produce a single news article or video of an elected Democrat speaking out against challenging military votes in 2000, saying that it was wrong, or even asking his party not to do it.

      Report this comment

      Enuff Zenuff  
    • old white guy
      Posted on January 30, 2013 at 6:41am

      the constitution should be as binding as the ten commandments.

      Report this comment

      old white guy  
    • SendTheMeteors
      Posted on January 30, 2013 at 9:13am

      Enuff Zenuff, send a link. Your memory doesn’t count as evidence. Something tells me you looked for one and came up dry.

      Report this comment

      SendTheMeteors  
    • OldVet
      Posted on January 30, 2013 at 9:24am

      TOMFXTC
      At least you voted for Bush twice, four years apart. A lot of Democrats voted for Gore twice in the same day.

      Report this comment

      OldVet  
    • bobfrommosinee
      Posted on January 30, 2013 at 10:12am

      Yes, And who has all to often denied the Military Vote, By making sure the absentee ballots don’t reach the Troops in time to be returned for the count?

      DEMOCRATS.

      Report this comment

      bobfrommosinee  
    • jeffile
      Posted on January 30, 2013 at 11:39am

      Excuse me but “Scalia and his boys” twice saved the nation from a Democrat coup and theft of the presidency.

      Report this comment

      jeffile  
    • desertspeaks
      Posted on January 30, 2013 at 1:26pm

      oh no, that poor man has to write opinions that don’t agree with his beliefs! well bucko, that’s what the constitution is for.. so we aren’t constrained by your beliefs! that’s why it’s in writing! so you can’t fudge the facts and twist them to suit your beliefs! sucks to be him huh?
      I don’t see him turning down the job or the paycheck!?!?!? oh nooo, he wouldn’t do that, no!

      Report this comment

      desertspeaks  
    • John.Galt
      Posted on January 30, 2013 at 1:37pm

      rotfl… YEAH, WINNING 183 RECOUNTS IN A ROW…. MEANS NOTHING TO LIB-TARDS….

      Report this comment

      John.Galt  
    • mdy616
      Posted on January 30, 2013 at 2:45pm

      Raygone, re-read history so you do not sound so grossly uninformed when you post.

      Report this comment

      mdy616  
    • peteto1
      Posted on January 31, 2013 at 6:10am

      Al “world-class hypocrite” Gore lost the election because the DEMOCRATIC PARTY operatives in Palm Beach County were shuttling poorly educated minorities to polling places and they told them to “make sure you vote on every page”. Unknown to them, there were so many (fringe) candidates for President that year that there were TWO pages of Presidential candidates. When they voted for more than one Presidential candidate, their votes were disqualified/nullified!! The Dems, as often is the case, were “too smart by half”……

      Report this comment

      peteto1  
  • AUsername
    Posted on January 29, 2013 at 3:46pm

    get that creature out of this country cause ts certainly not American.

    Report this comment

    AUsername  
    • Fubared
      Posted on January 29, 2013 at 6:14pm

      Ritalin or Xanax?

      Report this comment

      Fubared  
    • The-Monk
      Posted on January 29, 2013 at 8:44pm

      Hi Fubared,

      Might be Pro-Zack….. LOL

      Report this comment

      The-Monk  
    • jimmymac1
      Posted on January 29, 2013 at 10:40pm

      Why is it that people keep bringing up the popular vote NO president is elected by popular vote dumbasses. Gore is a moron and every stupid idea he is involved with is only to try to impart legitimacy to himself and to put money in his pocket. The dumbass inchief we have is bad enough but if Gore was elected the world probably would not even exist now,

      Report this comment

      jimmymac1  
    • JohnofOregon
      Posted on January 30, 2013 at 12:42am

      Gore is a two bit thief just like his old man. For the uneducated that’s we’re the bush-gore thing started.

      Al gore sr – mob bagman. George h Bush – war hero boy scout

      Those two didnt mix

      Al gore senior lacky for Hammer – sworn enemy of Prescott

      Those two didn’t mix

      George w bush – last laugh

      And now gw’s nephew might be headed there. Yes a Hispanic president Bush

      Now that will drive the left nuts!!!

      Report this comment

      JohnofOregon  
    • GuruMeditation
      Posted on January 30, 2013 at 7:31am

      Wellbutrin?

      Report this comment

      GuruMeditation  
  • AmericaMustBeFree
    Posted on January 29, 2013 at 3:42pm

    Yeah, thanks to the Supreme Court the Constitution is dead.. or close to it.. But this people will come forward and save it. “In memory of our God, our religion, and freedom, and our peace, our wives, and our children”!. God help us!

    Report this comment

    AmericaMustBeFree  
    • TheShocker
      Posted on January 29, 2013 at 10:17pm

      Yes the Constitution is dead, but it wasn’t killed by the Supreme Court, it was killed by Abraham Lincoln in 1861 when he launched the War of Northern Aggression against lawful southern states attempting to exercise their Constitutional right to leave the union. After four years and almost a million dead the union was preserved, but the Constitution was dead and the path to centralized power and oppressive government was clear.

      Report this comment

      TheShocker  
    • wowjustwow
      Posted on January 30, 2013 at 2:18am

      Um…it’s called the CIVIL WAR by anyone who didn’t lose it.

      Report this comment

      wowjustwow  
    • TheShocker
      Posted on January 30, 2013 at 3:48pm

      It’s called the Civil War by those who believe World War 1 was caused by the assassination of an Austrian Duke, World War 2 was caused by the German invasion of Poland, the Korean War was a United Nation’s police action, the Vietnam War was caused by an incident in the Gulf of Tonkin and the Iraq War was caused by possession of weapons of mass destruction (aka morons).

      Regardless, Lincoln killed the Constitution.

      Report this comment

      TheShocker  
  • nonofmybiznez
    Posted on January 29, 2013 at 3:39pm

    Instead of excoriating the schoolchildren, perhaps he should be pointing to the teachers and parents for not teaching their children what this nation means to the world.

    Report this comment

    nonofmybiznez  
    • encinom
      Posted on January 29, 2013 at 5:04pm

      Scalia represents a dying view of the Constitution. An unchanging Constitution would need to be amended each genreation just to deal with advancements in technology. Each generation interpets the Constition through the lenses of that generation. We are not bound to the ancient thinking of past generations, while we look to their writings to inform us, they do not dictate from the grave.

      Report this comment

      encinom  
    • nonofmybiznez
      Posted on January 29, 2013 at 5:48pm

      There is more wisdom in the Constitution than you seem to realize. You must understand how the amendments relate to each other and our founders desire to keep us free from tyrany. The second amendment was because they wanted to protect our national security not hunting. The third amendment was to make sure troops couldn’t come into your house and take your **** and eat your food, kill your stock, etc. take a look at this video. http://www.youtube.com/watch?v=F584p5kJL-U&feature=youtu.be

      Report this comment

      nonofmybiznez  
    • Fubared
      Posted on January 29, 2013 at 7:09pm

      Encidiot
      Get your pansy ass supporters together and amend away. Call the bleck bloc gals, get the OWSers out of the basements and try try try. This should help you sleep tonight, even your libs buds don’t agree with you on much. Defy, not comply, all so you can cry. BuhBye.

      “Question 47, addressed to those with a gun in their home: “If the government passed a law to take your guns, would you give up your guns or defy the law and keep your guns?” The response: 65 percent reported they would “defy the law.” That incudes 70 percent of Republicans, 68 percent of conservatives, 52 percent of Democrats and 59 percent of liberals.”
      Jennifer Harper at washingtontimes.com

      Report this comment

      Fubared  
    • gwinf
      Posted on January 29, 2013 at 7:49pm

      AMEN. It is not the children’s fault. They only base their opinions on what they have been taught.

      Report this comment

      gwinf  
    • TomFXSTC
      Posted on January 29, 2013 at 8:10pm

      At this point Teacher are nothing more than over paid babysitters.

      Report this comment

      TomFXSTC  
    • abefij
      Posted on January 29, 2013 at 10:09pm

      ENCINO MAN,
      The constitution is based on principles which never change. The wisdom of our founders is still far beyond the understanding of the progressives who have been assaulting this country for a century. Modern technology illustrates the importance of, and the need for free speech, free commerce, and private property. Look up swarm, boids, and agent based simulations and recognize how independent actions of multiple free agents give rise to complex and wonderful behaviors. We are still learning with our advanced technology what Adam Smith told us 400 years ago, that the invisible hand (of free cooperation) blesses all of us. Don’t so brazenly dismiss our founders. What’s so progressive about control and confiscation?

      Report this comment

      abefij  
    • Clownzilla
      Posted on January 29, 2013 at 10:12pm

      @Encinom

      I’m sorry that it would take “too much work” to amend the Constitution. That is the ONLY way to change the constitution. Why have a constitution if it can be changed on a whim without amendments?

      Report this comment

      Clownzilla  
    • wowjustwow
      Posted on January 30, 2013 at 2:23am

      This talk about the founding fathers being gods is just ridiculous. They were people just like the rest of us.

      Report this comment

      wowjustwow  
    • GuruMeditation
      Posted on January 30, 2013 at 7:32am

      Exactly! and the media.

      Report this comment

      GuruMeditation  
    • OldVet
      Posted on January 30, 2013 at 10:02am

      Wowjustwow
      The founding fathers weren’t gods, but they believed in God.
      They also studied history, which you and few others do today. History, as Michelle Obumer said, is being changed to meet the new agenda. The “real” history of the rise and fall of governments would tell you that our future is bleak if we don’t remember the mistakes of the past. In the time of the Founding Fathers people studied the “real” reading writing and arithmetic. Not the watered down pabulum that is being fed to our kids. They are simply being prepared for slavery. In the old days people were taught to think, rather than soak in propaganda and memorize talking points.

      Report this comment

      OldVet  
    • wowjustwow
      Posted on January 30, 2013 at 11:45am

      Oldvet, I can be a history teacher for all you know…stop with the assumption and insult…it’s all you get at this site…ridiculous.

      Report this comment

      wowjustwow  
  • l4issez
    Posted on January 29, 2013 at 3:39pm

    Juvenile death penalty = evil
    Unborn death penalty = health decision

    Report this comment

    l4issez  
  • fbanta
    Posted on January 29, 2013 at 3:33pm

    The Constitution doesn’t discourage the death penalty, it simply requires ‘due process of law”, and those laws have been developed by the People.

    Abortion is a different story because there is no ‘due process of law’. Inherently innocent of any crime, there is no rational justification for the murder of a fetus in a land where Life is long established as an inalienable right; and where the 5th and 14th Amendments prohibit taking life without due process of law.

    Report this comment

    fbanta  
    • Kupo
      Posted on January 29, 2013 at 4:38pm

      The Constitution outlaws cruel and unusual punishment, which is a vague and nebulous term that is highly up to interpretation.

      Report this comment

      Kupo  
    • encinom
      Posted on January 29, 2013 at 5:34pm

      A Fetus is not a person as the Catholic Church is now arguing. The 9th Amendment is clear that not all rights enjoyed by citizens are listed in the Constitution or are your going to agrue that the Government can make medical decision on behalf of citizens there is no mention of medical freedom or the right to be able to determine what medical procedures one should have? Does a women’s body belong to herself or the government?

      Report this comment

      encinom  
    • READRIGHTHERE
      Posted on January 29, 2013 at 7:14pm

      Enc,

      The woman’s body does belong to her and her alone, especially when she is choosing whether or not to protect herself from pregnancy during intercourse, which again is another choice afforded every woman. (Unless of course she is raped, but conservatives already “allow” for that contingency and there are rape victims who choose not to “punish” the new life growing inside of them regardless of the painful memory of the nature of its genesis. Once a new body has been created, whether by intention or accident, due to the plethora of decisions already executed by the mother, things change. The woman’s body is still hers but what of the new body being created?

      Does the body being developed belong to the fetus? If not at the moment of conception, at which point does the body belong to the fetus? When do human rights kick in; only when a person is “allowed” to be born by its birth mother? Premature births are happening at earlier and earlier times, and these tiny babies are kept alive through medicinal intervention. Do we use a benchmark for viability through medicine as a cutoff point by law? Does the mother’s right to choose continue even after the fetus has been removed from her body and laid in the corner of the operating room to die? Is this your cutoff to ensure the mother’s “rights” are not infringed?

      I choose to disagree.

      Report this comment

      READRIGHTHERE  
    • abefij
      Posted on January 29, 2013 at 10:28pm

      Encino man,
      The Supreme court injected itself in this debate. If the Govt. doesnt own us, and we are free to make these choices then the decision should rightly have been left to the people and the state. When Roe vs. Wade is overturned we will have more freedom, not less. It never should have beenentertained as a constitutional issue. I’m glad to know you wouldn’t want the Govt. overreaching.

      Report this comment

      abefij  
    • DIR
      Posted on January 30, 2013 at 12:02am

      @ENCINOM

      An interesting question: Do people you invite to your house belong to you or the government? In any event do you have a right to kill them because they arn’t wanted after they arrive? Whereas kids are concerned, engaging in the act of sex is the invite, that they show up unwanted isn’t their fault.

      Report this comment

      DIR  
  • Charles Curtis
    Posted on January 29, 2013 at 3:16pm

    May it please God to bless our nation with justices that hold fast to His word, and the Constitution of the United States. May God also add many years and strength to those who love mercy, do justice, and walk humbly with God. May each soul see their folly, repent before they are made to weep while eating the fruit of their ways.

    Report this comment

    Charles Curtis  
    • Maji
      Posted on January 29, 2013 at 3:33pm

      I agree,don’t you love this guy!!!
      I never wonder …what does he mean..what’s
      he trying to say!
      And I agree with his statement

      Report this comment

      Maji  
  • Mapache
    Posted on January 29, 2013 at 3:13pm

    The Constitution is living in a sense that it CAN be changed through the amendment process. Unfortunately, liberals do not want to go that route but rather prefer judicial activism. The constitutional amendment process is not easy but then that is the point. We do not want to be like other countries that have every law, every pet peeve written into their constitution requiring a rewrite every year. Some countries change constitutions as often as Obama exploits a tragedy.

    Report this comment

    Mapache  
    • fbanta
      Posted on January 29, 2013 at 3:37pm

      The Constitution is ‘living” in that it is based on combating human nature and it’s tendency to abuse delegated authority. Human nature hasn’t changed and never will.

      Report this comment

      fbanta  
    • RayGone
      Posted on January 29, 2013 at 3:45pm

      If the Constitution is dead, then Kook Scalia violated the spirit of the Constitution with his ruling on DC vs. Heller.

      Report this comment

      RayGone  
    • 00100111
      Posted on January 29, 2013 at 3:59pm

      Ray has gone bye bye. No he didn’t. The right to keep and bear arms IS an individual right, it always has been and always will be. Just because you’re too much of a coward to understand that or participate doesn’t make it not so.

      Report this comment

      00100111  
    • socialism.rocks
      Posted on January 29, 2013 at 4:44pm

      actually its the rightwing that has done complete historical revisionism using english common law – as interpretation of our constitution he is not a textualist.. nor a real intellectual on the constitution

      fact is the founders hated european conserativism and law…
      fact is the founders hated conservativism period and stomped it out for nearly a hundred plus years
      the founders if around today would be out killing conservatives
      if the orginal teaparty met up with the new teaparty “they would hang them for sedition treason”

      those are all facts that anyone who understands the reason of the revolutionary war WAS AGAINST EUROPEAN CONSERVATIVISM

      Report this comment

      socialism.rocks  
    • soybomb315_II
      Posted on January 29, 2013 at 4:53pm

      scalia is wrong – it is a living constitution

      if the liberals start calling it a “great constitution”, are we going to start saying it is a “terrible constitution”???

      Report this comment

      soybomb315_II  
    • Fubared
      Posted on January 29, 2013 at 6:22pm

      Off topic but where has socialism rocked again? Crack head.

      Report this comment

      Fubared  
  • RayGone
    Posted on January 29, 2013 at 3:11pm

    Scalia is a certified Kook…

    According to his twisted logic, Slavery is still valid now? Women can not vote?

    Report this comment

    RayGone  
    • Mapache
      Posted on January 29, 2013 at 3:15pm

      Twisted? No, you are just a moron. Slavery was abolished by a constitutional amendment (change to you). Women can vote due to a constitutional amendment. There is a process to change the constitution. Finding a liberal judge who agrees with you is not it.

      Report this comment

      Mapache  
    • Cavallo
      Posted on January 29, 2013 at 3:18pm

      Where exactly do you get that from?

      Report this comment

      Cavallo  
    • booger71
      Posted on January 29, 2013 at 3:37pm

      Raygone must be channeling Ruth “the gator” GINsberg.

      Report this comment

      booger71  
    • Uechi
      Posted on January 29, 2013 at 3:40pm

      You are an idiot who obviously is one of the dopes that Scalia was talking about. Women have the right to vote because our Constitution works and the procedure for adding an amendment was followed. The same procedure for Slavery, Woman’s suffrage and Prohibition and its’ repeal. I suggest you do some research before you open your pie hole again.
      A so called ” living Constitution allows whomever is sitting on the bench to change the Constitution thru whatever interpretation they want. Thats’ not the way it is suppose to work though that is what Progressives would have you believe.

      Report this comment

      Uechi  
    • oldironsides
      Posted on January 29, 2013 at 4:04pm

      gone, your comments are imbecilic. please educate yourself.

      Report this comment

      oldironsides  
    • Joe_The_Patriot
      Posted on January 29, 2013 at 4:15pm

      The supreme court’s job was not to make interpretations of the constitution and have policy set according to those interpretations… Their job is supposed to be to UPHOLD THE CONSTITUTION, to hear an argument from both sides and listen to the facts and judge if either side violates or complies to the constitution…
      All the lefty judges are activist judges trying to policy based on biased decisions

      Report this comment

      Joe_The_Patriot  
  • Sumrknght
    Posted on January 29, 2013 at 3:07pm

    The moment the Supreme Court landed on the wrong side of Roe vs. Wade – The Constitution and this country was doomed. Liberal/Progressive views have ruined the country – and are responsible for the entire mess we’re in now. He’s just confirming the DOA status.

    Report this comment

    Sumrknght  
    • DeniseJ
      Posted on January 29, 2013 at 3:30pm

      The real question is When will the Supreme Court have the GUTS to revisit Roe V. Wade, which at the time stated that their ruling would be looked at when they finally found out when life begins!! Science has known for some years now, it’s at conception……Get with reality, SCOTUS!!

      Report this comment

      DeniseJ  
    • encinom
      Posted on January 29, 2013 at 5:38pm

      Ruling for individual liberty is not the wrong side of the Constitution.

      Report this comment

      encinom  
    • kaydeebeau
      Posted on January 29, 2013 at 7:26pm

      @ Sum Did you even read the article? Have you ever read or heard anything from Justice Scalia? Obviously not. His reference to dead is that it isn’t up to the whims of a court to decide what it means as is the case most often – thus the term “legislating from the bench”

      If all of the SCOTUS took his view on the Constitution we would be far better off.

      I suggest you look up some of his speeches and his opinions from SCOTUS decisions…Justice Scalia is a treasure

      Report this comment

      kaydeebeau  
    • Clownzilla
      Posted on January 29, 2013 at 10:16pm

      @Encinom

      So individual liberty in abortion (or legalized murder of the innocent) is ok but individual liberty in choosing to buy a product or not (aka. health insurance) is not ok? How about having individual liberty in choosing where I want to put my retirement money? How about my individual liberty on giving me the ability to buy an automatic firearm?

      Report this comment

      Clownzilla  
  • THEDAYLIBERTYDIED
    Posted on January 29, 2013 at 3:05pm

    The foundation of the low-information voter/citizen are; lack of knowledge/understanding of the Constitution (according to history and not some teachers idea of what the Constitution is in their opinion) and a lack of basic economic understanding. Without a decent grasp of those two core principles, no one is truly able to make, what is called today, “an informed decision”, because they are starting out uninformed from the beginning!

    Down with the Dept.of Ed and the federal governments involvement, in any way, to the education of our children.

    Report this comment

    THEDAYLIBERTYDIED  
    • fbanta
      Posted on January 29, 2013 at 3:45pm

      Let us not forget that Obama’s buddy Bill Ayers; the self-described communist, has been a major influence on US public school curricula for a generation. Schools long ago ceased being institutions of higher education in favor of becoming cesspools of social engineering.

      Report this comment

      fbanta  
    • THEDAYLIBERTYDIED
      Posted on January 29, 2013 at 4:06pm

      @FBANTA – I 100% agree with you. There is no reason that the federal government should have anything to do with our public schools. At least on the state and local levels, we have more chance for control. We don’t need to be teaching government mandated ‘test’ or worrying about all the other distractions the Dept of Ed can through into the mix, we need to concentrate on educating our kids, not only in academics, but in civic responsibility, to allow them not only the chance to succeed in the workforce or collage, but also to have the knowledge to inherit responsibility for our Constitution and our country.

      Another issue that needs to be addressed is the NEA. Something has to be done about an organization that cannot/will not get rid of teachers that cannot TEACH! I’m all for at least vouchers, if not full privatization, that would at least start the turnaround in the US education system.

      Report this comment

      THEDAYLIBERTYDIED  
    • tootsie roll
      Posted on January 29, 2013 at 5:37pm

      I’m with you on that. NOTICE that all of these people calling not to follow the CONSTITUTION COMES FROM ACADEMIA?? AND mS ginsburg and her aclu groupies

      Report this comment

      tootsie roll  
  • WillG
    Posted on January 29, 2013 at 2:59pm

    It’Justice Scalia and I quote says “It’s dead,dead,dead”. Well to that I reply with all due respect,you can go to Hell,Hell,Hell.

    Report this comment

    WillG  
    • KILLACOMMIE4MOMMY
      Posted on January 29, 2013 at 3:06pm

      Well then,if you can convince me that a STOP sign can be interpeted any other way than what is states then you will have a point.
      You dont RE-IMAGINE laws, rules and rights becasue you dont agree with them.
      So next time you come to a STOP sign feel free to cruise on through……just tell the cop it is a LIVING SIGN open to what I want it to be!!!!

      OR get broadsided for your beliefs!

      Report this comment

      KILLACOMMIE4MOMMY  
    • rs9
      Posted on January 29, 2013 at 3:08pm

      Why do you have a problem with doing what he said? convince your fellow citizens to enact a law like abortion or death penalty instead of having nine lawyers decide it. Why is that? I think you should go to HELL HELL HELL

      Report this comment

      rs9  
    • Mapache
      Posted on January 29, 2013 at 3:09pm

      Of course with your Living Bible to go with your living constitution, maybe hell is not that bad of a place?

      Report this comment

      Mapache  
  • your_imaginary_friend
    Posted on January 29, 2013 at 2:58pm

    Scalia is right. The constitution is dead. Unfortunately the American Democracy (or Representative Republic to be more accurate) is also on life support, and under Obama’s Affordable Healthcare Act, congress will be quick to pull the plug.

    Report this comment

    your_imaginary_friend  
    • kaydeebeau
      Posted on January 29, 2013 at 7:29pm

      That isn’t what he said – good grief read the article that follows the headline – for crying out loud

      Report this comment

      kaydeebeau  
  • Lotus503
    Posted on January 29, 2013 at 2:57pm

    I’ve always looked on the Constitution as a ‘moral anchor’ that protects us from storms of passing popular beliefs and knee-jerk reactions of troubled times.

    Report this comment

    Lotus503  
  • progressiveslayer
    Posted on January 29, 2013 at 2:57pm

    Of course it’s dead and the only reason progs have taught generations of kids the ‘living breathing’ BS is so they can shape it to fit their sick twisted ideology.

    Report this comment

    progressiveslayer  
    • justangry
      Posted on January 29, 2013 at 4:33pm

      That’s right. Too many ‘conservatives’ have hopped on that bandwagon though.

      Report this comment

      justangry  
    • Fubared
      Posted on January 29, 2013 at 7:14pm

      Angrier
      That’s wrong, shirley you intended “republicans” and not conservatives. It’s akin to bots just being anarchists. Can’t lump so easily, or can we?

      Report this comment

      Fubared  
  • Chuck7884
    Posted on January 29, 2013 at 2:52pm

    He is right,Justice Antonin Scalia. the supreme court should only rule on the Constitutionality of the law not make law that is for congress to do!. Toss it if it is not in the bill of rights or in any amendments or simply refuse the case!.

    Report this comment

    Chuck7884  
  • NOBALONEY
    Posted on January 29, 2013 at 2:51pm

    The crusader justice of the Supreme Court. Fighting against the ‘Big Government, Progressive Roberts Court’.

    Report this comment

    NOBALONEY  
  • Ghandi was a Republican
    Posted on January 29, 2013 at 2:51pm

    The problem is alinsky radicals in the teacher’s Unions and the classrooms. The solution is as simple as disbanding the Federal Dept of ed. and school vouchers in their place. Half the cost, far better results. It’s no accident. Let PARENTS decide. Do not let central planners anywhere near the children!

    Report this comment

    Ghandi was a Republican  
  • Vickie Dhaene
    Posted on January 29, 2013 at 2:48pm

    Why is he on the court?!

    Report this comment

    Vickie Dhaene  
    • Ghandi was a Republican
      Posted on January 29, 2013 at 2:57pm

      Because he knows the Constitution.
      Name one thing he is incorrect about. The Constitution is pretty clear. It can change through ELECTED representation. Right now- this is represented by 2/3ds of America that put Republicans in their States and U.S. Congress. Obama “won” by fraud and has no standing. This is why they bastardize and redefinition the Constitution the way they want, depending on what they want.
      The U.S. Constitution stands between obama/progressives and they call it “Far right extremism”
      That is how lunatic fringe obama is.

      Report this comment

      Ghandi was a Republican  
    • Gonzo
      Posted on January 29, 2013 at 2:58pm

      You may have come here by mistake. You’re looking for Moveon.org. Go to Newrepublic.com and hang a left,,,always a left.

      Report this comment

      Gonzo  
    • BODYBAG
      Posted on January 29, 2013 at 2:58pm

      He’s one of only justices with the intelligence to qualify.

      Report this comment

      BODYBAG  
    • DougHuffman
      Posted on January 29, 2013 at 3:01pm

      Qualified, contrary to Kagen and Sotomayor, and appointed by a conservative president a long time ago.

      Report this comment

      DougHuffman  
    • Verceofreason
      Posted on January 30, 2013 at 4:48am

      Or Thomas?
      Republican = inferior.
      3/5ths a justice.

      Report this comment

      Verceofreason  
    • GuruMeditation
      Posted on January 30, 2013 at 7:34am

      I ask the same question about all of the Justices.

      Report this comment

      GuruMeditation  
  • WillG
    Posted on January 29, 2013 at 2:48pm

    Yes he pleases The Dalai Bama. He relishes it when one of his loyal henchmen speaks out against our Constitution.

    Report this comment

    WillG  
  • TH30PH1LUS
    Posted on January 29, 2013 at 2:45pm

    Can we please have a Congress that passes budgets? How about a Congress that declares wars, instead of letting the President run “kinetic actions” willy-nilly around the planet?

    How about Freedom of Religion? Can we please have a government that won’t make me pay for baby-killing?

    Report this comment

    TH30PH1LUS  
    • Gonzo
      Posted on January 29, 2013 at 2:50pm

      We’ll have a budget again one day. The Chinese will set the budget for us, like Germany does for Greece now.

      Report this comment

      Gonzo  
  • daveposh
    Posted on January 29, 2013 at 2:44pm

    Appointed to the Court by President Ronald Reagan in 1986, Scalia has been described as the intellectual anchor of the Court’s conservative wing. – Wikipedia.org

    Report this comment

    daveposh  
  • Gonzo
    Posted on January 29, 2013 at 2:42pm

    Congress doesn’t seem to understand it, why would kids?

    Report this comment

    Gonzo  
  • love the kids
    Posted on January 29, 2013 at 2:37pm

    It seems that ALL constutional lawyers take up that so they can figure ways around it.

    Report this comment

    love the kids  
  • copatriots
    Posted on January 29, 2013 at 2:34pm

    We have a President who craps all over it and a Chief Justice who found a way to not enforce. And Scalia expects schoolchildren to understand it????

    Uh….okay.

    Report this comment

     
    • biohazard23
      Posted on January 29, 2013 at 2:48pm

      LOL!!! It’s sad, isn’t it? (sigh)

      Report this comment

       
    • 4truth2all
      Posted on January 29, 2013 at 2:48pm

      Yo Copatriots:

      How can one expect one to understand what is not spoken .. I applaud his willingness to oppose the lies of liars.
      Hope all is well …

      Report this comment

      4truth2all  
    • AvengerK
      Posted on January 29, 2013 at 2:54pm

      Obama just got told his NRLB appointments that he said he was allowed to make during the Senate recess were unconsitutional. The Senate was in fact gavelling in and not in recess. That means everything Obama’s appointments pu on the books is null and void.

      The Blaze’s resident public sector unionista DESERT_ROSE is in mourning right now. You can send flowers and condolences to any government department in DC.

      Report this comment

      AvengerK  
    • RJJinGadsden
      Posted on January 29, 2013 at 2:55pm

      Yes BIOHAZARD, so very sad, but true.

      Report this comment

      RJJinGadsden  
    • copatriots
      Posted on January 29, 2013 at 3:04pm

      Agree, BIO, sad indeed!

      Hey 4TRUTH, good to see you! Hope all is well with you too! Scalia is indeed a lone voice of opposition. It’s gotta be tough.

      AVENGER, I wonder if SCOTUS will overturn that court’s decision. Either way, I don’t see 0bama following that courts decision.

      Hey RJJ!

      Report this comment

       
    • biohazard23
      Posted on January 29, 2013 at 3:08pm

      I know. That’s why I monitor my kids’ homework assignments as well as what they do during class time. It’s not bad in their school yet, but I’m always on the look-out for anything even remotely suspect that needs to be corrected. :)

      Report this comment

       
    • @leftfighter
      Posted on January 29, 2013 at 3:44pm

      No, it’s worse.

      My child qualifies for the extremely high level shools in my district. Among them are Internation Bacheloreate schools, which, before I knew the were an Agenda 21 program, I was all for him going to.

      That is, until I spoke with one of the teachers who told me that they don;t teach American history or American government, but that they have a “mini-UN Assembly” where they have the children (paraphrasing here) “approach world issues not from a ‘rah-rah America is the best nation in the world’ standpoint, but from the standpoints of the nations that they’re assigned to represent.”

      That’s just that school. The majority of students in Florida aren’t learning any American history prior to 1860.

      My point is, our kids don;t know it because our teachers aren’t teaching it.

      Time for the parents to become the primary teachers of our children.

      Report this comment

      @leftfighter  
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