Judge Richard Posner: ‘No value’ in studying the U.S. Constitution

Source: Washington Times
Published: Jun 28, 2016
Author: Jessica Chasmar
Post Date: 2016-06-28 09:53:50 by Willie Green
Views: 1886

Seventh Circuit Judge Richard Posner sees “absolutely no value” in studying the U.S. Constitution because “eighteenth-century guys” couldn’t have possibly foreseen the culture and technology of today.

In a recent op-ed for Slate, Judge Posner, a senior lecturer at the University of Chicago Law School, argued that the original Constitution, the Bill of Rights, and the post–Civil War amendments “do not speak to today.”

“I see absolutely no value to a judge of spending decades, years, months, weeks, day, hours, minutes, or seconds studying the Constitution, the history of its enactment, its amendments, and its implementation (across the centuries — well, just a little more than two centuries, and of course less for many of the amendments),” he wrote. “Eighteenth-century guys, however smart, could not foresee the culture, technology, etc., of the 21st century.”

He added, “let’s not let the dead bury the living.”

Judge Posner, an outspoken opponent of late Justice Antonin Scalia, also blasted “absurd” posthumous encomia for the late conservative.

“I worry that law professors are too respectful of the Supreme Court, in part perhaps because they don’t want to spoil the chances of their students to obtain Supreme Court clerkships,” he wrote. “I think the Supreme Court is at a nadir. The justices are far too uniform in background, and I don’t think there are any real stars among them; the last real star, Robert Jackson, died more than 60 years ago. I regard the posthumous encomia for Scalia as absurd. Especially those of Harvard Law School Dean Martha Minow and Justice Elena Kagan.”

David Bernstein, who teaches at Antonin Scalia Law School, formerly George Mason University School of Law, called Judge Posner’s swipe at Scalia “revolting.”

“We all know Posner doesn’t think highly, to say the least, of Scalia. Judging from what Posner writes, the distaste seems to stem primarily from jealousy — Posner thinks he would be a far better Supreme Court Justice than Scalia was, and he resents that as a ‘lower court’ judge, his writings, though highly influential in their own right, will never get the same attention and accolades as Scalia,” Mr. Bernstein wrote.

Post Comment   Private Reply

#1: A K A Stone    To: Willie Green (#0)

Take him off the bench and execute him for treason.

A K A Stone posted on 2016-06-28 09:59:48   Reply   Private Reply


#2: misterwhite    To: Willie Green (#0)

"Seventh Circuit Judge Richard Posner sees “absolutely no value” in studying the U.S. Constitution because “eighteenth-century guys” couldn’t have possibly foreseen the culture and technology of today."

Sure they did. Which is why they made it possible to amend that document to accommodate "the culture and technology of today".

misterwhite posted on 2016-06-28 10:04:39   Reply   Private Reply


#3: tpaine    To: Willie Green (#0)

Seventh Circuit Judge Richard Posner sees “absolutely no value” in studying the U.S. Constitution because “eighteenth-century guys” couldn’t have possibly foreseen the culture and technology of today."

Seventh Circuit Judge Richard Posner fails to see the value in studying the U.S. Constitution because the he was raised in the communitarian/socialistic political culture of yesterday.

Socialism doesn't work, and the founders were well aware of that fact, and designed a republic of checks and balances that would prevent majority rule socialism.

Majority rule progressivism has been politically popular for just over 100 years now, -- and we can all see where it has lead us. -- Down the road to serfdom.

Only honoring our constitutional principles can get us out of this mess. -- Study them.

tpaine posted on 2016-06-28 10:23:17   Reply   Private Reply


#4: Stoner    To: A K A Stone (#1)

Agree! This guy is a threat to society, and a waste of oxygen.

Stoner posted on 2016-06-28 10:35:15   Reply   Private Reply


#5: nativist nationalist    To: Stoner (#4)

Agree! This guy is a threat to society, and a waste of oxygen.

Born to a Jewish family[5] in New York City...

How about ditching the Talmud instead of the US Constitution?

nativist nationalist posted on 2016-06-28 11:38:35   Reply   Private Reply


#6: ConservingFreedom    To: A K A Stone (#1)

A Reagan appointee, I was pained to discover. :(

ConservingFreedom posted on 2016-06-28 13:54:19   Reply   Private Reply