Scalia Rails

When Antonin Scalia rails against the Supreme Court's 5-4 decision to outlaw the imposition of the death penalty on juveniles, he is not saying he supports giving juveniles the death penalty, but that he supports the end of the Clear Politics of legislating from the bench.

The Supreme Court is not supposed to legislate from the bench, but interpret the Constitution as it stands. If you are interested in the banning of the death penalty—is there a crime any greater than the government killing its citizens on our behelf? There are other forms of punishment harsher than death—then there is a mechanism to do this, it is called the legislature, and the legislature is allowed to act within the confines of the Constitution.

The system has become so warped. The legislature extends its power using the commerce clause to bloat our limited government. The bench legislates. What is next, the president dictating?

posted at 08:50:56 on 03/15/05 by clearpolitics - Category: The Cause - [Permalink]

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