Scalia

Scalia Is Right:

I had time this afternoon to read this transcript of Scalia's remarks. I think he's right, from first to last.

The "Living Constitution" points to the end of Constitutionalism. It is not the only trend in that direction. Consider the question of Declarations of War, which are now done by simple Congressional votes that aren't, in fact, a Declaration of War. Thus you get what we had in the last election: a Congress that had "authorized military force" but not declared war, and thus a Presidential candidate who had voted 'to authorize force' but claimed to be an antiwar candidate. If Congress were keeping up its Constitutional duties, there would be no such wiggle room: Your Senator would be on record, for or against.

The Supreme Court's abandonment of genuine Constitutionalism is even more dangerous, because the USSC is unacountable, and because the USSC has become the "final word" on what the Constitution is and says. If Congress does something unConstitutional, you can turn to the court; but the USSC claims authority to be the last word.

You don't have to agree with Scalia on any particular case to find his reasoning compelling. He points to some real problems with the system. Unlike many who do that, he has a solution. We need more like him on the Court.