Nine figures far removed from the everyday pulse of American life threaten the very principles America was founded upon, says one of America’s foremost conservative legal minds.
The activist U.S. Supreme Court and its liberal rulings threaten “the destruction of our democratic system,” U.S. Supreme Court Justice Antonin Scalia said last week in California.
“Do you think the American people would ever have ratified” the Constitution if they had been told, “the meaning of this document shall be whatever a majority of the Supreme Court says it is?” Scalia asked in a speech at Santa Clara University.
In high-profile abortion rulings, liberal justices “vote on the basis of what they feel,” Scalia said.
“It’s the destruction of our democratic system,” Scalia said. “I cannot imagine the system can continue with more and more of the basic rules made by the Supreme Court.”
Since the ruling legalizing same-sex marriage in June, Scalia has been an outspoken opponent of the court’s rulings.
“The Supreme Court of the United States has descended from the disciplined legal reasoning of John Marshall and Joseph Story to the mystical aphorisms of the fortune cookie,” he wrote in his dissent opposing the same sex marriage ruling.
“To allow the policy question of same-sex marriage to be considered and resolved by a select, patrician, highly unrepresentative panel of nine is to violate a principle even more fundamental than no taxation without representation: no social transformation without representation,” Scalia wrote in his dissent.
He continued: “The opinion in these cases is the furthest extension in fact — and the furthest extension one can even imagine — of the Court’s claimed power to create ‘liberties’ that the Constitution and its Amendments neglect to mention.”
“This practice of constitutional revision (as it is today) by extravagant praise of liberty, robs the People of the most important liberty they asserted in the Declaration of Independence and won in the Revolution of 1776: the freedom to govern themselves,” he added in his dissenting opinion.
h/t: Business Insider