01-09-2018, 06:29 PM
(01-09-2018, 05:26 PM)StLucieBengal Wrote: Post all the Scalia personal or political bias that wasn’t directly reflected In the constitution.
I'm not going to bother creating a wall of text here, I will simply use Scalia's own words. From this site, which discusses two of Scalia's best known speeches, we can see that Scalia himself acknowledged that the originalist approach is an interpretation of the Constitution. Interpretation is subjective, plain and simple. There is a quote from him here, as well:
Quote:I do not think the Constitution, or any text, should be interpreted either strictly or sloppily; it should be interpreted reasonably. Many of my interpretations do not deserve the description "strict”. I do believe, however, that you give the text the meaning it had when it was adopted.
You see, politics is everything. Everything is politics. Politics is nothing more than how we figure out how we live together in this world we inhabit. Judges and justices are political creatures. Whether they be originalists or not, they are applying their subjective views to the interpretation of the document. There are constitutional scholars on both of these sides, and other sides, of this debate.
