These are the words
Scalia uses in his concurring opinion....look at them...see the reference to
"textual limitations"....you don't hear the "Living
Constitution" justices (the Libs) talking like that. Scalia and Thomas
ALWAYS talk like this in their court opinions....they hold to the original text
as best as humanly possible....that is the VERY HIGH calling of a federal judge
(especially on the SCOTUS). The only way our Constitution works as an
"anchor" and "limiter" of government power is when we do
our best to be faithful to its original meaning and intent. This is called
"Constitutional Originalism" or "textualism". The alternate
philosophy is what is known as the "Living Constitution"...that is
where you make it mean whatever you want it to mean. One can easily see the
danger and fallacy of that philosophy. There is no limit to what you can do
with the text. The "Living Constitution" is how we have arrived at
where we are today....the documents text has been stretched, pulled, contorted,
twisted, and perverted for so long....that major portions of the limiting
powers have been made to mean something entirely different than originally
intended. Another reminder of the absolute failure of Senator Graham on SCOTUS
confirmations. He never talks about this requirement for a SCOTUS justice.
"And do not be conformed to this world, but be transformed by the renewing of your mind, so that you may prove what the will of God is, that which is good and acceptable and perfect." Romans 12:2
Friday, June 27, 2014
"Sweeping away key textual limitations"
"On its way to
that result, the majority sweeps away the key textual limitations on the
recess-appointment power." - Justice Antonin Scalia, Concurring Opinion
(Presidential Recess Appointment Abuse)
A bigger reminder
that we need clear amending language to reset the decades long perversion of
textual meaning of key limiting powers. The founders understood this tendency
among men....to stretch and pull on the limits of power....and they gave us a
specific process to deal with it in Article V of the Constitution. The states
can do what the Congress will not do....and propose amendments to the United
States Constitution in order to reset the modern perverted interpretation back towards the founders intent.
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