Scalia versus Ginsburg
by Louis D. Thorpe
According to Justice Antonin Scalia, Stare Decisis is Latin for water over the dam, and he said that because he did not adhere to prior cases which were, in his view, badly written.
Similarily Ruth Bader Ginsburg believed that tradition and precedent mattered but they did not necessarily determine her legal judgment.
The key difference between Justices Scalia and Ginsburg is that he was an originalist who believed that the Constitution ought to be interpreted as the Founding Fathers meant for it to be interpreted whereas she thought that the Constitution was a living document that evolves as society changes.
The first amendment of the Constitution guarantees freedom of religion, freedom of speech, freedom of the press, the right peaceably to assemble, and the right to petition the government for a redress of grievances.
As a concept, freedom represents protection against constraint and it is the fundamental building block that Justices like Ruth Bader Ginsburg used to breathe life into the Constitution. Justice Antonin Scalia thought that it was up to Congress to make law to assure freedoms that are not explicitly defined in the Constitution however Ruth Bader Ginsburg appropriately reminded us all that the Congress shall make no law abridging freedom of speech or the press and that the Constitution sends the clear message; "Government, Hands Off".
In the words of Ruth Bader Ginsburg, "these rights already exist and you must not touch them."
Antonin Scalia disagreed. He thought that it was up to the structure of the government to guarantee a free society and while that certainly has its role, it is difficult to imagine living in a country that ignores the well established vision of a living constitution where basic freedoms are not subject to state interference or censorship.
Next: Judges are supposed to be independent and judicious, not Scalia disciples.
Both Nixon and Lennon "started over again" in 1980 -but the wrong guy survived it.
Trump enables Nixon's cronies.
Amy Barrett is not fit to be judicious.
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