Scalia says abortion, gay rights are easy cases

by
October 6, 2012


By Mark Sherman-Associated Press

WASHINGTON (AP) — Justice Antonin Scalia says his method of interpreting the Constitution makes some of the most hotly disputed issues that come before the Supreme Court among the easiest to resolve.

Scalia calls himself a “textualist” and, as he related to a few hundred people who came to buy his new book and hear him speak in Washington the other day, that means he applies the words in the Constitution as they were understood by the people who wrote and adopted them.

So Scalia parts company with former colleagues who have come to believe capital punishment is unconstitutional. The framers of the Constitution didn’t think so and neither does he.

“The death penalty? Give me a break. It’s easy. Abortion? Absolutely easy. Nobody ever thought the Constitution prevented restrictions on abortion. Homosexual sodomy? Come on. For 200 years, it was criminal in every state,” Scalia said at the American Enterprise Institute.

He contrasted his style of interpretation with that of a colleague who tries to be true to the values of the Constitution as he applies them to a changing world. This imaginary justice goes home for dinner and tells his wife what a wonderful day he had, Scalia said.

This imaginary justice, Scalia continued, announces that it turns out “‘the Constitution means exactly what I think it ought to mean.’ No kidding.”

As he has said many times before, the justice said the people should turn to their elected lawmakers, not judges, to advocate for abortion rights or an end to the death penalty. Or they should try to change the Constitution, although Scalia said the Constitution makes changing it too hard by requiring 38 states to ratify an amendment for it to take effect.

“It is very difficult to adopt a constitutional amendment,” Scalia said. He once calculated that less than 2 percent of the U.S. population, residing in the 13 least populous states, could stop an amendment, he said.

To read more, visit:  http://www.washingtontimes.com/news/2012/oct/5/scalia-says-abortion-gay-rights-are-easy-cases/

2 Comments - what are your thoughts?

  • Pedro A.Gonzalez says:

    I agree 100% with Justice Scalia.
    I would be wonderful if we had all justices dedicated to the preservation of our great Constitution.

  • CTH says:

    Is it not strange that only Scalia and a few other Supreme Court justices has learned to read beyond the third grade level. The constitution does not mean a damn thing if it does not mean what the words thereof say in what even today is reasonably easy to understand language.

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