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Scalia Says 'Living Constitution' Reduces Democracy
American democracy has been weakened by a shift toward a "living Constitution" that gives judges more power and lawmakers less, Supreme Court Justice Antonin Scalia said Tuesday during an appearance at the University of Central Missouri. Because judges have been willing to make policy decisions best left to Congress and the people, Senate confirmation hearings have become partisan battles, he said. Noting that he was confirmed 98-0 by the Senate in 1986, Scalia said he doubted he could get 60 votes today.