he would have dissented in the landmark Brown vs. Board of Education decision that ended school segregation based on race.
Appearing on stage with Justice Stephen Breyer, Scalia cautioned against "inventing new rights nobody ever thought existed." Scalia said he advocates an "originalist" approach to the Constitution, warning against an "evolutionary" legal philosophy that he described as, "close your eyes and decide what you think is a good idea.''
Phoenix's East Valley Tribune reported:
Using his "originalist'' philosophy, Scalia said he likely would have dissented from the historic 1954 Brown v. Board of Education decision that declared school segregation illegal and struck down the system of "separate but equal'' public schools. He said that decision, which overturned earlier precedent, was designed to provide an approach the majority liked better.
Justice Scalia wouldn't have, thoughts?
I would have absolutely voted for it--I look at all my students and the many experiences and cultures they bring into the classroom and can't imagine what it would be like with out the variety and diversity. My ESL students teach me Spanish, Filipino, Japanese, Hmong and Russian words all the time--I have so much to learn from them. My world would be so limited without these great personalities to share it with. Let Scalia be an "originalist"--nothing stays the same. We know that change is the only true constant. It seems silly to expect our current social structure to be bound to the expectations and stipulations applied 225 years ago. If modes of transportation can evolve (we no longer rely on horse and buggy to get around), so should social policies. Fair is fair is fair.
Answer by PsWifey at 3:19 PM on Oct. 27, 2009
Answer by sweet-a-kins at 2:04 PM on Oct. 27, 2009
Answer by Anonymous at 2:08 PM on Oct. 27, 2009
Answer by Blueliner at 2:11 PM on Oct. 27, 2009
Answer by yourspecialkid at 2:19 PM on Oct. 27, 2009
Answer by yourspecialkid at 2:20 PM on Oct. 27, 2009
Answer by Anonymous at 2:20 PM on Oct. 27, 2009
Answer by yourspecialkid at 2:21 PM on Oct. 27, 2009