"Liberal" Justices Are Just Creating Rights
Supreme Court Justice Antonin Scalia told a crowd at Santa Clara University that the “liberal” Supreme Court was causing the “destruction of our democratic system,” the SF Gate reported on October 29. According to the outspoken associate justice, his colleagues on the high court are creating rights ex nihilo and claiming the Constitution protects those new rights.
Scalia identified the adoption of the concept of the “living Constitution” as the first step down a “slippery slope.” At the end of that slope, Scalia said, was “the right to same-sex marriage.” He even questioned whether the Constitution ever would have been ratified had the Founders known that the document they drafted would have become “whatever a majority of the Supreme Court says it is.”
Rather than conforming the case to the Constitution, a majority of the justices conform the Constitution to the case, voting, Scalia says, “on the basis of what they feel.”
One of the things the justices "feel" is that they have the authority to repeal the will of the people and their elected representatives. For decades, one Congress after the other and Republican and Democratic presidents alike have acceded to the assumption by the Supreme Court of the absolute and unquestionable authority to define every word written in the Constitution and to insert words and rights therein where such was never intended.
Scalia rightly wondered in his Santa Clara speech how much further we can go down this road before our very system is subjugated to the supreme will of the Supreme Court.