Justice Scalia

2) This case may not afford the judge an opportunity to make new natural faithfulness re cloning because it is not an issue which pauperizations to be decided to dispose of the manslaughter indictment. What the judge does take on to decide is whether a cloned embryo of that age is a person who has been killed, a quite an different issue than whether cloning is illegal or unconstitutional. Anything he would decide re cloning would be dicta not rally to the ruling in the case and, therefore, not a controlling precedent. A judge's common law authority extends only as far as the facts of the case warrant. Judges are notoriously reluctant to decide issues, especially thorny constitutional issues, when they need not to dispose of the case. The District Court should ask brought an action, shepherd's crook or civil, which directly contests the validity of cloning.

If the judge were to decide the righteousness of cloning on these facts and in the absence of a presidency statute, he really would be taking on a very political role and imposing his have got individualized values rather than that of the nation's elected representatives. If he did so, he would have to hang his hat on some rubric in the state or federal Constitution, such the 5th/fourteenth Amendment's strictures against the state taking life, liberty or property without collectible process of law. The difficulty with this approach is that only

g. Tribe also disagrees with Scalia's intellection that it is the legislature and not the courts which is the asterisk defendor of the peoples' liberties. (As Dworkin points out, Scalia is somewhat inconsistent on this point). Scalia Tribe says would protect individual rights by preserving them from further change. The result, however, of Scalia's approach is frequently rigid, traditionalist rules which prevent the Constitution from being sufficiently elastic to charge needed change.

Trop v. Dulles, 356 U.S. 86 (1958).

a.

Tribe's central argument is that Scalia's limited draw of the proper role of the judge in constitutional reading material (he has little to say about statutory interpretation) oversimplifies and unnecessarily constricts the requisite degree of freedom a judge must have to construe properly the Constitution. In other words, Scalia in his view oversimplifies reality.

f. Since erroneous interpretations of a constitutional provision are presumable to have a wider impact and cause greater footing than a mere error in statutory interpretation, it is all important(p) in Scalia's view that judges avoid imposing their own subjective views in interpreting them. Moreover, not only does judge-made law in the constitutional arena represent error, but those errors often in recent history have had the effect of restrict the capacity of legislatures to enact certain types of code such as by refusing state courts the power to admit evidence in a criminal trial which was obtained by an illegal pursuit or indeed to restrict individual liberties, such as in modern social or regulatory legislation which has restricted private property rights.

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