Below, Pete posted a quote from Antonin Scalia, about how judges shouldn't get involved with politically charged questions unless the Constitution has something to say on it. I'll let others comment on the sheer hypocrasy of Scalia's statement, and direct Mr. Scalia to a little-known document known as the "Bill of Rights". There's a couple of statements there which rather clearly spell out that the Constitution, in fact, has something to say about every question, even if some would like to ignore it.
Amendment IX
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
Amendment X
The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.
So, the Constitution rather explicitly states its position on every issue - if the Constitution doesn't grant the power to the government, the people (or the states) have it. If it doesn't describe whether the people have a certain right - they do. I realize that 200+ years of jurisprudence can be confusing to wade through, which is why it's useful that we can always go back and read the original.
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment