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Dead Constitution

According to US Supreme Court Justice Antonin Scalia, it certainly isn't 'living'.

From the Associated Press:

Scalia Dismisses 'Living Constitution' - Yahoo! News:
People who believe the Constitution would break if it didn't change with society are "idiots," U.S. Supreme Court Justice Antonin Scalia says.

In a speech Monday sponsored by the conservative Federalist Society, Scalia defended his long-held belief in sticking to the plain text of the Constitution "as it was originally written and intended." (snip)

Scalia criticized those who believe in what he called the "living Constitution."

"That's the argument of flexibility and it goes something like this: The Constitution is over 200 years old and societies change. It has to change with society, like a living organism, or it will become brittle and break."

"But you would have to be an idiot to believe that," Scalia said.

"The Constitution is not a living organism, it is a legal document. It says something and doesn't say other things."

Proponents of the living constitution want matters to be decided "not by the people, but by the justices of the Supreme Court."

I guess if Justice Scalia had his way, we would all still be shooting each other with muskets, riding around in horse drawn carts, owning slaves, and keeping our women bare foot and pregnant at home were they belong. Because that was the way society was when the US Constitution was written.

Unfortunately life does not move at a snails pace. I doubt any of the founding fathers could have foresaw the invention of such technological marvels as machine guns, telephones, or computers. I can bet you they probably would have given great consideration to the 'right to bear arms' had they been able to pump 900 rounds a minute into their fellow human beings.

To not allow the Constitution to change as society does is to argue that it no longer applies.

And there are ways for the Constitution to keep up with the times. They're called Amendments. Perhaps Justice Scalia should take some time to read a few of them so he can see just how 'living' our Constitution really is.

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