Saturday, October 03, 2009

Scalia Says Constitution is 'Dead'

In this interview excerpt, Supreme Court Justice Antonin Scalia rejects the notion of a "living" and evolving Constitution, and argues instead that the Constitution is "dead." What does he mean? And do you agree?

1 comment:

bpabbott said...

I agree that the constitution is dead. But have a different perspective than Scalia. I think the constitution died because the Judiciary never choose to limit the legislature (and arguably the executive) to the powers enumerated by the constitution. As such the legislative power extends to whatever the legislature decides.

It was only a matter of time that the judiciary and the executive needed to reach beyond their enumerated powers in an attempt to maintain a balance of powers.

Personally, I favor federalism, but not on the present scale. I'd like to see the states be more atonomous and the federal significantly more limited in size and scope.