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Breyer Warns on Interpreting Laws 

By DUNSTAN PRIAL (Direct descendent of Karl Marx! - tha malcontent)
 Associated Press Writer OCTOBER 23, 09:05 EDT 

NEW YORK (AP) � Supreme Court Justice Stephen Breyer, in a subtle jab at his conservative colleagues, said those who favor a literal interpretation of the Constitution aren't necessarily following the framers' wishes.

 

(So I assume that the Founders told Breyer this while he was channeling them the other night during an all-night-bong-fest with William the "I did not inhale" Liar!  Someone on the Supreme Court is tired of being in the minority and being told to "apply" the Constitution and not to "interpret" the document.  Breyer is of the Algore-ligula Caesar school of "the Constitution is a living, breathing document"... IT'S NOT!  I will go out on a limb here and predict that the author of this Socialist propaganda will not give "the people" the benefit of the "other side" of this debate, let's read along together and find out, shall we! - tha malcontent)

The men who wrote the Constitution left many important areas open to interpretation, Breyer said in a speech Monday at New York University School of Law.

 

(Especially the parts that King Breyer and his cadre of Marxists don't like, for instance, "the RIGHT OF THE PEOPLE to KEEP and BEAR ARMS, shall NOT be INFRINGED".  See, according to the TYRANTS in America, "the people" in the Second is different from "the people" in the rest of the Bill of Rights.  The Founders didn't really mean that they wanted and "armed citizenry".  According to Breyer, if that's what they wanted they would have "mandated" gun ownership.  THIS IS TRIPE! - tha malcontent)

``Those more literalist judges who emphasize language, history, tradition and precedent cannot justify their practices by claiming that is what the framers wanted,'' Breyer said, ``For the framers did not say specifically what factors judges should emphasize when seeking to interpret the Constitution's open language."

 

(APPLY the Constitution, not INTERPRET the Constitution Justice Breyer, you know this! - tha malcontent)

Judges should be wary of enforcing a strict reading of the Constitution, Breyer said. 

Five of the nine Supreme Court justices generally vote in favor of a literal interpretation � Chief Justice William Rehnquist and Justices Antonin Scalia, Clarence Thomas, William Kennedy and Sandra Day O'Connor. The four others � Breyer, Ruth Bader Ginsburg, David Souter and John Paul Stevens � tend to be more open to contemporary interpretations.

 

("Five of nine"... I think I was mentioning something about sour grapes earlier! - tha malcontent)

Breyer cited campaign finance reform as a current issue that warrants a contemporary constitutional interpretation. Some argue that limiting campaign contributions violates First Amendment rights to freedom of speech.

 

(Like the "contemporary constitutional interpretation" that brought this country Dred-Scott and "constitutionally okayed slavery"?  I'm sure that's not the kind of "relative" society that Breyer is in favor of us becoming.  If it is, then he is what the founders referred to as "the tyranny of the few". - tha malcontent)

Breyer noted the Constitution ``does not define the freedom of speech in any detail. The nation's founders did not speak directly about campaign contributions."

 

(And they didn't speak directly about abortion either but Roe V. Wade added Abortion as a Constitutionally protected right without the benefit of a Constitutional Convention.  Legislating from the bench, the Founders warned against that also! - tha malcontent)

Breyer said campaign finance laws help promote participation in the democratic process and ``help to further the kind of open public political discussion that the First Amendment also seeks to encourage, not simply as an end but also as a means to achieve a workable democracy."

 

(Justice Breyer refuses to call America the "Republic" that it factually is, this should clarify his political position to anyone who wasn't sure. - tha malcontent)

Earlier Monday, Breyer visited the site of the World Trade Center. 

``I can't tell you anything you don't know,'' he said. ``But it was important for me to see and share this experience with New York.''

 

(Well, just as I thought, no retort to Justice Breyer's personal and non-binding opinion's of what the "intent" of the Founders were when penning the Founding documents!  This is exactly the type of Yellow Journalism that does incremental harm to the foundation of this great Republic! - tha malcontent)

 


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