Yesterday, I was asked a good question--whether there are any results required by an originalist reading of the Constitution that I dislike as a matter of policy. I gave a few examples, but I want to share one more.
As a matter of public policy, I oppose the death penalty. I am pro-life, and I don't think the state should ever sanction the taking of human life. And for me, that includes even those convicted of murder.
However, as Justice Scalia pointed out in our readings, the Written Constitution does not prohibit capital punishment.
So, as a legislator, I would vote to repeal the death penalty; but as a Justice, I would accept that it is perfectly constitutional.
Now, on to justiciability and cases or controversies!
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