Justice Scalia: The Constitution is Dead



 I know what Scalia means, but part of me couldn’t help but think there was a little irony in the Justice’s recent pronouncement: “[The Constiution’s] not a living document. It’s dead, dead, dead!” Speaking to a group at Southern Methodist University, Scalia was promoting what he considers a “strict constructionist” interpretation of the Constitution.
The debate on how to interpret the Constitution is older than the Constitution.
Most of the Founding Fathers were strict constructionists (as you would imagine… since they drafted the document. Of course they wanted it interpreted as it was written). Over time, as high technology and low morals altered the nature of American society and politics, the question started to arise more and more: “Isn’t this document a little outdated? But rather than re-write it, why not just interpret it freshly for our modern circumstances?” Which basically meant, “Why not just ignore the clear intent of the Founding Fathers and just draw from the Constitution whatever we want it to say…”


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