Justice Antonin Scalia criticized the Supreme Court's recent decision to strike down the juvenile death penalty, calling it the latest example of politics on the court that has made judicial nominations an increasingly bitter process.Exactly. The Constitution is a legal contract and represents the rules by which we play in this country. To accept the idea that the rules are "flexible" puts into question every legal contract upon which we rely. Should our marriage contracts be "flexible"? How about automobile warranties or property titles? Perhaps we should have a group of nine judges review plays in football to determine if the rules are in keeping with today's standards.
In a 35-minute speech Monday, Scalia said unelected judges have no place deciding issues such as abortion and the death penalty. The court's 5-4 ruling March 1 to outlaw the juvenile death penalty based on "evolving notions of decency" was simply a mask for the personal policy preferences of the five-member majority, he said.
"If you think aficionados of a living Constitution want to bring you flexibility, think again," Scalia told an audience at the Woodrow Wilson Center, a Washington think tank. "You think the death penalty is a good idea? Persuade your fellow citizens to adopt it. You want a right to abortion? Persuade your fellow citizens and enact it. That's flexibility."
"Why in the world would you have it interpreted by nine lawyers?" he said.
The people have got to figure out how to take back control of our country before the judiciary just becomes another legislative branch. That's why I've very much in favor of amending the constitution to allow for a 2/3 vote of the Congress to override Supreme Court decisions. We already have checks and balances between the legislative and executive branches, why not between the legislative and judicial branches?
Read the whole thing. Scalia makes some great points.
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