Democracy Gone Astray

Democracy, being a human construct, needs to be thought of as directionality rather than an object. As such, to understand it requires not so much a description of existing structures and/or other related phenomena but a declaration of intentionality.
This blog aims at creating labeled lists of published infringements of such intentionality, of points in time where democracy strays from its intended directionality. In addition to outright infringements, this blog also collects important contemporary information and/or discussions that impact our socio-political landscape.

All the posts here were published in the electronic media – main-stream as well as fringe, and maintain links to the original texts.

[NOTE: Due to changes I haven't caught on time in the blogging software, all of the 'Original Article' links were nullified between September 11, 2012 and December 11, 2012. My apologies.]

Monday, July 22, 2013

Antonin Scalia: Holocaust Was Partially Brought About By Judicial Activism

Supreme Court Justice Antonin Scalia's warnings on judicial activism appear to have gained a new chapter at the Utah Bar Association's 2013 summer convention.

The Aspen Times reported Sunday that Scalia drew upon the Holocaust as an example of how judicial activism can lead to problems. According to the Utah Bar Association's website, Scalia was slated to be the keynote speaker for the 2013 Summer Convention event, which was held from July 17-20 in Snowmass, Colo.

Via The Aspen Times:

    Scalia opened his talk with a reference to the Holocaust, which happened to occur in a society that was, at the time, “the most advanced country in the world.” One of the many mistakes that Germany made in the 1930s was that judges began to interpret the law in ways that reflected “the spirit of the age.” When judges accept this sort of moral authority, as Scalia claims they’re doing now in the U.S., they get themselves and society into trouble.

About a month ago, Scalia delivered a speech to the North Carolina Bar Association, stressing his concern about how moralist judges are growing more prevalent. He classifies the Constitution as a legal document -- not a living document -- that has laws of the land serve as a guide to interpreting changing circumstances.

"We have become addicted to abstract moralizing," Scalia said last month. "I am questioning the sanity of having value-laden judgments made by judges."

Original Article
Source: huffingtonpost.com
Author: The Huffington Post

No comments:

Post a Comment