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« Ted Kennedy Celebrates Abu Ghraib Anniversary By Getting Drunk, Removing Pants In Palm Beach Restaurant | Main | My Contribution to the English Language »
April 27, 2005

In Defense of Scalia's Textualism

It's a simple point, I think. Judges have granted themselves the ultimate say in legislation-- a power not mentioned in the Constitution, and only negated through the extremely difficult amendment process.

Given the scope of this power, shouldn't they restrain themselves in exercising it? Shouldn't they look for outside restraints on the scope of their self-declared power, rather than relying upon their own whims or idiosyncratic (and politicized) senses of "justice"?

And if they're looking for an outside restraint on their power, why not allow the actual words of the Constitution itself -- the document they are supposedly interpreting, and the document from which they supposedly derive their power to overrule Congresses and Presidents -- to be that external restraint?

By refusing to be bound by the actual words of the Constitution, liberal activist judges have both made a mockery of their own claims of "interpreting" the document, and have futhermore thrown off the last restraints on their incredible power, retraint that could be obtained by simply limiting themselves to words found explicitly within the four corners of the Constitution.

Right Reason makes similar points, only better. And also starts off by quoting one of my favorite scenes from one of my favorite movies-- the "subtext/text" bit from Whit Stilman's bumptuously-jingoistic Barcelona.


posted by Ace at 03:18 PM
Comments



Judicial activism is just another term for a power-grab.

Whenever someone grabs power, he always says he is doing it for a good purpose, with good intentions. But remember what they say about the road to Hell.

Posted by: Finn McCool on April 27, 2005 03:36 PM

new Dusty?

Posted by: brak on April 27, 2005 03:45 PM

Yuhp... still don't know why they don't stick with Classic Dusty.

Posted by: ace on April 27, 2005 03:48 PM

Holy Shit! A Stilman man too? Jesus. Sometimes it just gets freaky coming here.

Posted by: Ray Midge on April 27, 2005 03:53 PM

I fucked judicial activisim... like a pirate. Starting here, an interesting discussion with w/ a lefty at The Perfect World who insisted upon judicial interpretation that "best fits contemporary moral understanding." But he had no idea what that meant. Turns out G.K. Chesterton wrote an excellent essay long ago on stupid-ass notions of "morality" which perfectly describes the way the best and the brightest approach the concept.

Posted by: rdbrewer on April 27, 2005 03:55 PM

That new dusty girl is the best ever.

Posted by: fat kid on April 27, 2005 03:58 PM

ACK! I take it back, good from far, far from good.

Stupid butter-face. Sheeeeeet.

Posted by: fat kid on April 27, 2005 04:00 PM

Ace, I'm having trouble sending you an email on your new account- can you shoot me a test email?

Posted by: lauraw on April 27, 2005 04:18 PM

Ace, as a matter of constitutional law, your analysis is facile, even moronic. Allow me to enlighten you.

The common understanding of the foundig fathers was GOOD GOD! LOOK AT THAT NEW DUSTY!

What were we talking about?

Posted by: Michael on April 27, 2005 04:27 PM

butter face hell

i'd hit it like it owed me money

Posted by: brak on April 27, 2005 04:38 PM

You'll have to take down the Dusty ad if you want me to concentrate on what you're saying.

Posted by: Bumptuous Jingoist on April 27, 2005 04:50 PM

I had Dusty when she was tight.

Posted by: Kyleerean on April 27, 2005 04:55 PM

Oh yeah, we we're talking about strict constructionism. As far as I'm concerned, Dusty can get as strict as she wants with me.

Wait a minute. Must concentrate.

Posted by: Michael on April 27, 2005 05:09 PM

I had all sorts of interesting things to say about the close relationship between strict textualism and judicial restraint, and I'll be back to say them just as soon as I can stop thinking about the new Dusty girl.

Oh, yeah. Barcelona: excellent, funny film. Stilman, terrific director.

Later.

Posted by: utron on April 27, 2005 05:13 PM

The sensual texturalism of Dusty's thighs cannot be reinterpreted at will. Those thighs mean something, and in those thights there is a possibility that is open to insertion only in the most drunken of circumstances.

Wait, what?

Posted by: hobgoblin on April 27, 2005 05:22 PM

In my darker moments I wonder whether the Dusty girls are just photoshop creations engineered to change really sharp, interesting, smart gay people into big dumb hetero meatheads.

Speaking of changes, you've got to wonder why fans of the rubber Constitution are so afraid of them. If the eeevil Constitution-in-Exile Movement seizes control of the courts and starts overturning decades, DECADES I tell you! of settled law, shouldn't these guys congratulate themselves that our living Constitution continues to evolve?

Posted by: Paul Zrimsek on April 27, 2005 05:26 PM

Gents, like I said: butter face.

Posted by: fat kid on April 27, 2005 05:50 PM

She looks like a garden gnome. Or maybe something even more sinister.

Posted by: fat kid on April 27, 2005 05:51 PM

fat kid,

she has a face?

you think her knees are too sharp, too, i bet.

go check out yesterday's page3 girl, you picky fucker.

Posted by: hobgoblin on April 27, 2005 05:53 PM

Damn you guys. I can't even pimp my little forum post without you talking about T and A.

Speaking of which, she do look fine. Butter face?

Posted by: rdbrewer on April 28, 2005 01:45 AM

It's just not true that "Judical Review" can only be countered by constituional amendment.

1. The President is bound to "uphold the Constitution" -- not as interpreted by the Supremes, but as he/she sees fit. Lincoln, e.g., ignored Dred Scott.

2. If the Congress passed a bill that specifically declared itself comporting with the Constitution (and, in effect, over-ruling the Supreme Court) -- and the President signed the bill into law, I think this action by the two elected branches of the Government would effectively trump the unelected Judicial branch. If they grew some testicles, they wouldn't need an amendment

Posted by: Norman Rogers on April 29, 2005 10:01 AM
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