Wednesday, February 15, 2006
Scalia dismisses 'living Constitution'
"Scalia criticized those who believe in what he called the 'living Constitution.'
'That's the argument of flexibility and it goes something like this: The Constitution is over 200 years old and societies change. It has to change with society, like a living organism, or it will become brittle and break.'
'But you would have to be an idiot to believe that,' Scalia said. 'The Constitution is not a living organism, it is a legal document. It says something and doesn't say other things.'"
'That's the argument of flexibility and it goes something like this: The Constitution is over 200 years old and societies change. It has to change with society, like a living organism, or it will become brittle and break.'
'But you would have to be an idiot to believe that,' Scalia said. 'The Constitution is not a living organism, it is a legal document. It says something and doesn't say other things.'"