Friday, November 13, 2009

Living Consitution Versus Originalist

The discussion with Dance and Andrew reminded me of a discussion I saw with Justices Breyer and Scalia a while back. I found of video of one, but not the one I saw. I would note that I think the labels of activist versus originalist are a bit slanted against Breyer, but the video has their own words.



As can probably be guessed, I agree with Scalia's judicial understanding. Notably, however, I don't agree with what I think are most likely his personal opinions on abortion, same sex marriage, etc.

To the extent that I would vote in a referendum to overturn a judicially mandate in favor of gay marriage, it would be to rebuke the judges for what I believe to be their incorrect understanding on their role, not the consequences of that vote. The means are as important, or perhaps sometimes even more important, than the ends.

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