Professor Alan Garfield of Delaware Law School writes disparagingly of Justice Scalia, using the occasion to support the modern concept of a living Constitution, a Constitution that must be “interpreted” to reflect current circumstances. “Like it or not, all Supreme Court justices use extensive discretion in interpreting the Constitution. The notion that some ‘stay true’ to the Constitution, while others impose their viewpoint[s] on society is a myth.” [Thus,] he puts up the straw man that everybody does it so it is OK. He then goes on, “figure out which (justices) use of judicial power seems appropriate to you. And make sure to keep that in mind when you enter the voting booth in November to elect a new president.” So, the law, the Constitution, is a relic of the Founding Fathers. We are now to be governed by what seems to be appropriate to us, the electorate, with all of our special interest[s], passions, and ignorance. He would have us governed by men (women), not by law.
This is a recipe for failed government followed by tyranny, as our Founding Fathers knew well and feared. Let us put our trust in God and the Constitution, not in fallible men (women).
James R. Thomen Montchan Professor Garfield also participated in a press conference by Delaware’s senior senator re the handling of Justice Scalia’s replacement. Carper: Don’t duck the Supreme Court, James Fisher, 3/1/16.