February 14, 2006
Private: Justice Scalia: Advocates of a Living Constitution are "Idiots"
The Associated Press reports today that, while addressing the Federalist Society in Puerto Rico yesterday, Justice Antonin Scalia "criticized those who believe in what he called the 'living Constitution.'" Specifically, Justice Scalia suggested that:
"[T]he argument of flexibility . . . 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 . . . . The Constitution is not a living organism, it is a legal document. It says something and doesn't say other things....
[Proponents of the living Constitution] are not looking for legal flexibility, they are looking for rigidity, whether it's the right to abortion or the right to homosexual activity, they want that right to be embedded from coast to coast and to be unchangeable," he said.