Sunday, January 3, 2016

Strict Constructionist activist Justice Scalia points to imagined "Constitutional traditions?"

Feeling free now to be as activist as he wants, Justice Antonin Scalia stepped out into Constitutional fantasy land again, this time imagining its implied religious "tradition." And not one peep out of tea party pocket constitutional Republicans?

Republicans have always pushed the theme that "tradition" is the essence of our founding document, a kind of see what you want to see flexibility built in to push their agenda.  

Except now, we're talking about a Supreme Court Justice strolling around in crazy land. A strict constitutionalist, really? Remember this:
In December he came under fire for comments he made during an affirmative action case, questioning whether some black students would benefit from going to a "slower-track school" instead of Texas' flagship campus in Austin.
Big surprise he voted against the Voting Rights Act. 

Scalia now sees religion, specifically God, as an American "tradition" that gives the Constitution its true meaning: 
AP: Supreme Court Justice Antonin Scalia was speaking at a Catholic high school said Saturday the idea of religious neutrality is not grounded in the country's constitutional traditions and that God has been good to the U.S. exactly because Americans honor him ... that there is "no place" in the country's constitutional traditions for the idea that the state must be neutral between religion and its absence.
"To tell you the truth there is no place for that in our constitutional tradition. Where did that come from? To be sure, you can't favor one denomination over another but can't favor religion over non-religion? God has been very good to us. That we won the revolution was extraordinary. The Battle of Midway was extraordinary. I think one of the reasons God has been good to us is that we have done him honor. Unlike the other countries of the world that do not even invoke his name we do him honor. In presidential addresses, in Thanksgiving proclamations and in many other ways. There is nothing wrong with that and do not let anybody tell you that there is anything wrong with that."