Earlier today Justice Antonin Scalia, speaking at a meeting of the Intercollegiate Studies Institute, ridiculed his court’s decision in the recent case finding a constitutional right to sodomy:
The ruling, Scalia said, “held to be a constitutional right what had been a criminal offense at the time of the founding and for nearly 200 years thereafter….Most of today’s experts on the Constitution think the document written in Philadelphia in 1787 was simply an early attempt at the construction of what is called a liberal political order. All that the person interpreting or applying that document has to do is to read up on the latest academic understanding of liberal political theory and interpolate these constitutional understandings into the constitutional text.” Well put.
What I really love in this Associated Press account, though, is this sentence: “Scalia is a hero of conservatives who favor a strict adherence to the actual text of the Constitution.” The “actual text”–as opposed to…what, exactly? The A.P. writer didn’t mean to prove Scalia’s point. But she did.
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