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Author Topic:   Supreme Court Justice Antonin Scalia's dead. The maneuvering begins!
Hyroglyphx
Inactive Member


Message 65 of 122 (778217)
02-18-2016 11:17 AM
Reply to: Message 48 by Big_Al35
02-16-2016 1:06 PM


So was Scalia pro-guns or anti-guns? Did he believe in the constitution? I guess promoting attacks on 'original meaning' would include those who are anti-constitutional.
Scalia seemed to advocate the notion of Judicial Restraint versus Judicial Activism wherein he didn't believe that much discretionary latitude was to be granted to judges. No, those advocating "original meaning" is in reference to the Constitution. It's not anti-constitutional, it's simply the different interpretation of what the Constitution means... Think: Spirit of the Law vs Letter of the Law. He was more a Letter of the Law kind of guy.
Some of the Justices see the Constitution and their role in defending it is fluid, dynamic, and should be viewed in light of contemporary issues. That would be more in line with Judicial Activism. Scalia, being of the Original Meaning/Judicial Restraint camp would say that the Constitution is rigid, inflexible and uncompromising in its protections in the sense that you never go beyond what it is saying by taking contemporary beliefs in to account.

"Reason obeys itself; and ignorance submits to whatever is dictated to it" -- Thomas Paine

This message is a reply to:
 Message 48 by Big_Al35, posted 02-16-2016 1:06 PM Big_Al35 has not replied

Replies to this message:
 Message 66 by NoNukes, posted 02-18-2016 11:25 AM Hyroglyphx has not replied

  
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