The American Revolution and Founding Era blog provides information and commentary on early American history, particularly from the American Revolution through the War of 1812.
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?
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.
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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.
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