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Re: Scalia: There Is No Breathing Constitution (none / 0) (#19)
by Talkleft Visitor on Sat Dec 17, 2005 at 12:58:48 PM EST
So, Ed... I take it that you're in favor of: 1) overturning environmental protections, safety regulations to ensure workers' health and safety, and keep the playing field tilted against vulnerable segments of our population (like the disabled)? Well, for heaven's sake, just come on out and say so! But please don't pretend it has anything to do with concerns about "judicial dictatorship." The current Supreme Court, under Rehnquist, has overturned numerous laws passed by Congress.
Since Judge Ginsburg introduced the term “Constitution in Exile” into the constitutional lexicon, the Rehnquist court has struck down in whole or part more than 33 federal laws. In contrast, during its first 70 years, the Court invalidated only two acts of congress. People for the American Way maintains, “[u]sing what amounts to a judicial veto, the [Rehnquist] Court has been overturning acts of Congress at an accelerated rate 6.5 times faster than during the first 200 years [of the constitution].” Thomas Keck, Assistant Professor of Political Science in the Maxwell School of Citizenship and Public Affairs at Syracuse University, maintains that this unprecedented rate has made the Rehnquist Court “the most activist Supreme Court in history.” The Rehnquist Court has invalidated popular bi-partisan acts of congress including the Violence Against Women Act, the Gun-Free School Zones Act, the Brady Bill, the Age Discrimination in Employment Act, and the Americans with Disabilities Act. In February of 2000, the libertarian CATO institute declared, "They're Back: The Rehnquist Court is returning to constitutional principles that the New Deal Court had simply pushed aside."
Now, I don't know exactly WHY all this sounds appealing to you, but for some reason it does. But it's more a case of whose worldview is going to prevail, than a true argument over what the Founders intended. (Does this mean I can never remodel my 80-year-old bathroom?) I'll just ask you to remember two data points: 1) this quote from Scalia (about the Ten Commandments monument fracas): "It's a symbol of the fact that government comes — derives its authority from God. And that is, it seems to me, an appropriate symbol to be on State grounds." Need I point out that this is his OPINION? 2) Our country may have been founded by Christians, but they were running away from OTHER Christians who wouldn't let them live freely according to their consciences. Take from that what you will.

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