The Constitution is not a living organism, it is a legal document.
- Justice Antonin Scalia -
Wednesday, February 15, 2006
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Is it a coincidence that Antonin is speaking in the wake of the incident involving his hunting friend, Dick? Is Antonin trying to send the subtle message "Thank God, I stayed home or it could have been me!"? Or was he there too, again?
As regards his quote, regrettably I tend to agree with him. Yes, the Constitution IS a "legal document" that even Dubya, Dick "gfy" Cheney and the Snoopy One MUST follow and obey! But it is more than a "document" that is merely enshrined in Philadelphia. IT IS THE FUNDAMENTAL LAW OF THE LAND.
I give my thanks to Any Donkey for giving me this opportunity to further refute the "inherent authority" arguments of Snoopy Gonzales, and a score of "legal luminaries" of the land, including the former governor of Virginia. These people continue to argue that the President, in his capacity as "Commander-in-Chief" under the Constitution, has an "inherent authority" to conduct wiretaps and electronic surveillance without a warrant. I DISAGREE!
I have previously discussed this matter in my earlier articles posted here on Treowth...and I continue to subscribe to all of them. In addition to those arguments I have previously cited, it must be emphatically noted that the Constitution was written, adopted and ratified in the aftermath of the United States of America declaring her independence from the tyrannical rule of a monarchical government called The Empire of Great Britain. It is precisely this historical background that the Fourth Amendment was written and promulgated --- to forestall a tyrannical rule and environment right here in our land.
When the Constitution was written by the framers, there was still no such animal as "war on terror" in their minds. Instead, what they had in mind was the King of England!
For this reason, I tend to agree with Scalia that "the Constitution is not a living organism" that its letter and spirit should adjust to the times. IT IS WHAT IT IS, AND NOT WHAT IT SHOULD BE.
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