3/15/2005

I Answered My Own Question

Well, what do you know. A little web surfing, and I answered my own question (Below: Capital Punishment) Here is a partial transcript of his comments from a recent talk at the Woodrow Wilson Center:

You hear, you know, in the discourse on this subject, people talking about moderate, you want moderate judges. What is a moderate interpretation of a text? You're halfway between what it really means and what you'd like it to mean? There's no such thing as a moderate interpretation of a text. Would you ask a lawyer to draw me a moderate contract? The only way the word has any meaning is if you are looking for somebody to write a law, to write a Constitution, rather than to interpret one. The moderate judge is the one who will devise the new Constitution that most people would approve of. So, for example, we had a suicide case some terms ago, and the court refused to hold that there is a constitutional right to assisted suicide. We said we're not yet ready to say that, you know, stay tuned in a few years, the time may come, but we're not yet ready. And that was a moderate decision because I think most people would not want to -- if we had gone, leaped into that and created a national right to assisted suicide, that would have been an immoderate and extremist decision.
It's time our elected officials stop focusing on their own power, and start focusing on the limits of that power contained in our State and Federal Constitutions. Scalia for President!