What did the framers of the Constitution think about email?
by John in DC - 2/16/2006 11:37:00 AM


Just curious, since Republican-appointed Supreme Court Justice Antonin Scalia thinks you're an "idiot" if you try to read things into the Constitution:

Scalia criticized those who believe in what he called the "living Constitution."

"That's the argument of flexibility and it 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," Scalia said. "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 want matters to be decided "not by the people, but by the justices of the Supreme Court."

"They 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.

So, Justice Scalia, I guess you're "an idiot" if you think the Constitution says:

1. Bush can spy on email and telephone conversations, since those things didn't exist when the framers wrote the Constitution.

2. Scalia must also think you're an idiot if you believe that the framers ever intended blacks to drink from the same drinking fountains as whites (let's face it, I don't think they had drinking fountains in 1789, but perhaps I'm wrong), but we do know that the framers never intended the slaves to be free.

Of course, people like Scalia probably DO have problems with Supreme Court decisions promoting desegregation (legislatures should decide civil rights, not courts, he'd say). Yet, Scalia likely has no problem reading into the Constitution Bush's new authority to spy on email and telephone conversations. Why? Because Scalia is an activist judge, and his cause is far-right Republican politics. There is no consistency among Republican leaders anymore. They believe in nothing but the supremacy of their whim at the moment.