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Asked by a third-year law student whether he concurred with Antonin Scalia that the nation’s ruling document is a dead, unchanging text, Roberts disagreed.
Rather, Roberts said, the Constitution means no more and no less than what it states.
“Justice Scalia gets all the good air time,” he said, referring to his colleague’s recent CBS “60 Minutes” interview when he called the document dead. “(But) it’s a legal document. Legal documents don’t live or die.
“It’s living (only) in the sense that the people who drafted it expected it to govern the people for generations to come.”
Yet he derided the philosophy that judges should treat the Constitution as a self-evolving document that should be bent to fit modern mores. Instead, he compared it to a contract that should only change when the country formally amends it.
“The framers never envisioned … that this deal could be changed by the one branch of government that is not elected,” Roberts said.
Roberts began his appearance by reading a 30-minute speech to about 2,000 people in the KU Lied Center about the history of the Louisiana Purchase — a deal consummated exactly 205 years ago. He used it as a way to show respect for Thomas Jefferson and the other early leaders who understood the importance of commerce and government coming to terms.
He then fielded two questions each from a pair of business students and a pair of law students chosen in advance. The speech was sponsored by the KU business school.
Roberts said the court treats monumental and mundane cases with the same deliberation. And unlike decisions by Congress or the administration, he said, the court’s always come with explanation.
“If people don’t like what we’re doing, it’s just probably too bad,” he said.
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