Charlie Rose - Justice Antonin Scalia

[boddhizattva]

Was the constitution violated? Yes.You can't have a court determine a presidential vote count or how that count is conducted. But the decision to stop the recount rather than remand the case back to the FL supreme court with instructions to require the state legislature to determine a recount formula was the part the court got wrong - and the idea that the country would come implode because we took another few weeks in determining the leader of the free world is nonsense.

[writersblock26]

Thank you for posting this, CharlieRose.

[AntiSchiff]

What he's describing is a third world rigged election, and notice how much closer we've gotten to the third world since.

[tanman0921]

I'm sure he doesn't want to rehash this..I wouldn't if I fancied myself a dictator either. And how is letting an election finish considered unconstitutional. They didn't even have the technology to conduct an election when the constitution was drafted. That's why we developed the electoral system. Cause we couldn't hold an election. and I just saw another interview where he says he doesn't acknoledge the constitution because it's impossiblerespect which parts of the constitution are still

[exbronco1980]

Scalia says "we were the laughing stock of the world" (raging sarcasm) the world really respected president Bush. the world really respects the USA now.

[AntiSchiff]

@exbronco1980

lol Exactly. Scalia should be on trial for treason anyway, given that decision allowing foreign corporations to donate to US political candidates. And given their love of the death penalty, that should be the sentence of the conservative justices on the court.

[MrWsad]

United States consist of 4% of global population and yet they create 25% of greenhouse gases. As a leading contributor to global warming they should also be the ones to take the lead in solving it. Gore would've made a much better president than Bush.

[AntiSchiff]

@MrWsad

Oh god yes. Maybe we'd have cap and trade, and no Iraq war, etc. lol We might not have ever run deficits during the good years.

[HailMaryHolyMary]

O Glorious St. Thomas More, Patron of Statesmen, Politicians, Judges and Lawyers, your life of prayer and penance and your zeal for justice, integrity and firm principle in public and family life led you to the path of martyrdom and sainthood. Intercede for our Statesmen, Politicians, Judges and Lawyers, that they may be courageous and effective in their defense and promotion of the sanctity of human life - the foundation of all other human rights. We ask this through Christ our Lord. AMEN

[oneofdaroos]

hey leeemo....try reading the opinion and comprehending his reasoning and not taking a 2 min interview clip to grasp the complexity.

[RWT683]

The point people forget in this is that the electoral college elects the president...NOT the people of Florida or any other state. The decision halting the recount came on Dec. 12th. The electors were required by law to meet on the 18th -- with or without Florida's participation. If Florida had not finished the recount by then no candidate would have received a majority of votes. The House of Rep. would then elect the president and the Senate the vice president. Both were republican. Ending same

[TwanBeezy]

The vote WAS 7-2 on the matter, was it not? I think that's a pretty valid point.

[sklanger]

@TwanBeezy 7-2 on whether there was a constitutional violation; 5-4 on the appropriate remedy.

[TheConcernedPatriot]

Scalia also wants to limit the right of Americans to challenge church-state violations in federal court. He was in the majority in the infamous Hein v. Freedom From Religion Foundation in 2007.

^^^activist judge. where is Fox News?

[whatevalife6]

Activist judges create rights not listed in the constitution. Activist judges set policies that should be created by the legislative branch. There is no right to a separation of church and state in the Constitution. There is no right to privacy in the Constitution. There is no basis for affirmative action in the Constitution. Scalia supports NONE of these things because he follows the original constitution. Scalia is not an activist judge.

[TheConcernedPatriot]

Scalia = activist judge

"In 1990, Scalia wrote a majority opinion blithely dismissing the importance of the First Amendments Free Exercise Clause and giving government sweeping new powers to restrict religious behavior. Even many conservatives were appalled.

(source: Americans United for the Separation of Church & State)

[TheConcernedPatriot]

Scalia is an activist judge

"He was one of two justices to vote in favor of allowing public schools to teach creation science. He has voted to allow government to meddle in school prayer at every turn. He believes taxing people to support religious institutions is just fine. As far as he is concerned, government can festoon itself with the Ten Commandments and other sectarian symbols."

source: Americans :United for the Separation of Chursh and State

[badassmexicandude]

i agree that volvol1 is a total idiot who presents nothing more than baseless, inflammatory language w/out foundation. to suggest that scalia's role in bush v. gore was "criminal" is absurd. whether you agree w/ his opinions or not, scalia is a well respected constitutional scholar.

[thornburg058]

volvol1, you are an idiot. I doubt you know anything about Justice Scalia's legal philosophy or originalism. You certainly don't know anything about the other eight justices, because Thomas, Roberts, and Alito all agree with Scalia's philosophy, which happens to be correct. Like 99.9% of the people who criticize Bush v. Gore, you have probably never even read the Court's opinion, so your opinion is worthless.

[volvol1]

Scalia's role in Bush v Gore was criminal.

[volvol1]

Scalia is so full of poo poo ca ca. What nonsense issues from his mouth.

I have no respect for the man or his legal philosophy or originalism. But of course neither do any of the other eight justices.

[blldgs101]

I wish Scalia could be our president.....now here is a man to lead a nation. Of course, ppl want an image with a teleprompter to be thier leader, kind of stupid, but then.......most ppl....nevermind....wasting my breath.

[garagebanman]

Hey 8data. GET A LIFE. You couldn't read a comic book and understand it. We know you're a left winger and every right winger conservative is a jerk and too stupid to tie their shoe laces. Let's see what's your educational background and what have you done to help the world instead of just mouthing off your disappointment in those that don't line up to your political thinking? Just blame Bush, Global Warming and get your ass back to work. Probably don't even have one. JUST SHUT UP and learn.

[MrWsad]

@garagebanman Dude. Conservatives are idiots... Look at Bush. They call themselves "T-baggers" and "Tea Partiers" and they are all idiots like Palin. I don't need to elaborate my opinion. It is quite clear that they are pro-war, pro-torture, pro-death penalty, stupid and retarded.

[neil5568]

This guy is a clown. His name should be pronounced "Vyshinsky" not "Scalia".

[etsneroj]

Actually, the Court's main rationale for overturning the line item veto was that it clearly violated the Article 1 Presentment Clause.

[8data]

the joxe, of course, for people not paying attention to political science is when their property goes in flames because the national guard is in iraq maxing our reputation worse and in afghanistan fighting a battle that can never be won

ideology, hoover institution, is at fault, which has destabilized the world and ruined the talents of the global middle class ability to renew itself

but well see what happens in africa, mugabe will be the testing ground for liberty

zim-breadbasxet of africa

[8data]

there are so many false positives its hard to understand where to start

but in the end perhaps the dangers will be when public services and notions of statehood start to collapse

for old people start to wonder what happened

to the american century

[8data]

to quote bush senior on al gore during the campaign trail of 1992 -The Guy is Crazy-(referring to climate change) fast forward to 2008-midwest flooding, xatrina, tornadoes, hurricanes, us most valuable economic state and its chief innovation state- california under fire maxing commerce and property destroyed-republican and western values lead to bad public policy planning when they are unilateral

scalia does not accept criticism, narrow minded which in the public policy arena is dangerous

[8data]

i am sorry for the ad-hominem attac

scalia is allright

but his ideology, as are that of all republicans are disastrous for us and the world (wildfires, iraq, hoover institution, etc) for public policy and democracy and the constitution

just because they have money and power and connections doesnt give them the rule of law both in spirit and in letter

[8data]

scalia you turd

you and your boy alito are a joxe

[formerdir]

It's actually spelled "joke."

[8data]

thats quite allright, I am never going to go to worx as a transcriber of this mans utterances

but thanx for the grammar lesson

i judge you to be democratic

[jpbalkenende]

Oh so now Scalia is worried about the worldwide image of America? Gee that must be why he loves torture so much.

[jpbalkenende]

Hillary didn't get most votes. Conservatives lying news at 11.

[mjn76]

As usual, Rose can't conceal his bias.

The reason the recount could not continue was because the FLORIDA LEGISLATURE HAD ALREADY SET A DATE FOR THE MATTER. It was NOT for any court to change that date.

[CharlesVarney]

"We were the laughing stock of the world. The worlds greatest democracy that couldn't conduct an election."

-- So... how's that working out for us? --

"...having decided this is unconstitutional, should we nonetheless let the election go on, or is it time to...you know, to... to... to cut it off and... and... and let's... uh... uh let's get... let's move on."

-- For someone who's tired of discussing this, he stammers like he hasn't discussed it nearly enough. --

[etsneroj]

The decision is 8yrs old and he's asked about everywhere he goes (he gives lots of speeches) so I think he's justifiably sick of talking about it. And anyone who blames this decision for the Bush administration's failures forgets that he was RE-elected. We only have ourselves to blame.

[peppplay99]

I agree with silicondoc all the way!LIBERALS ARE DESTROYING THIS COUNTRY! These 1960`s retreads cannot get their heads out of their rear ends! Frickin communist,marxist dummies that will get us all killed unless they get of drugs ,and wake up!

[eeuumuscle]

dudes, the liars and the cheats are draft evaders george bush and cheney...i am a conservative and they have spent this country to oblivion!

[peppplay99]

I agree!

[peppplay99]

Justice Scalia is one of my favorite justices!

[eltototo21]

I seriously think Obama-Clinton will make history in the new society and the old Republicans will be history.

[overmind25]

LOL!

[tonygem]

Scalia is a right-wing fascist neo-nazi who is against civil rights for all minorities as well as women, is pro-big business, against labor unions and has a history of voting against all pro-environmental cases brought to the court. he is the worse justice to ever sit on the court.

[prisonerofalliance]

His given reason for stopping the recount has transparently NOTHING to do with the Constitution or the law. That's the best he can say?! A 7-2 decision?! The core decision was 5-4 and proves the degree to which attaining power in the judiciary has to do not with quality jurisprudence or the Constitution and everything about licking plutocrat ass! Scalia should be disbarred, not sitting on the Supreme Court! No terrorist has done more damage to this country than Scalia, Thomas, et al.

[mystrial]

Scalia is a piece of shit.

[Teabonesteak]

He is a fuckin tit.

[leeemo]

Scalia did not site how recounting the votes was unconstitutional. He brought up how we were "the laughing stock of the world," but this is an illegitimate reason to have the Supreme Court decide on this case. The Supreme Court's only power is to interpret a law or action as either unconstitutional or constitutional, and to decide the votes on the count that we needed to save face is itself unconstitutional.

[onebluestone]

I don't think recounting was unconstitutional.

If the intent behind halting the recount was to promote democracy, then it is a false move.

I believe votes are the most legitimate source of authority, not the Supreme Court or any other departments of government.