Last week, a Discussion between Justice Breyer and Justice Scalia took place revolving around their interpretation of the U.S. Constitution. Breyer sees the Constitution as an immortal living creature genetically engineered and forever nurtured and educated by a forever evolving Democratic Society while Scalia sees it as an automaton containing only the knowledge that our founding fathers put into it on September 17, 1787 upon it's construction.
I have the following scenario for the 2 Justices.
In Star Trek: The Next Generation, Episode 35, the character Data's rights as a sentient being are being questioned. If he loses the case, a scientist will be able to take him apart killing him to create an army of sentient beings just like him. If he wins, he is free. Since the constitution does not explicitly give artificially sentient beings the same rights as biologically sentient beings, and prior to that point there exists no precedence either in law or in previous court cases pertaining to the rights of sentient beings, would you deny Data the right to live?
Now I could ask this question of Justice Scalia, but I don't have to. Justice Scalia's rigid view of the U.S. Constitution allows me to predict his exact response. Nowhere in the U.S. Constitution does it say anything about artificially sentient beings, just a lot about humans. Therefore, to the chopping block with you Data, where you can be turned into a slave race of sentient beings. (If only Picard had declared Data a corporation, the recent case of Citizens United v. Federal Election Commission would give him as a corporation the rights of a human.)
So Justice Scalia, if the U.S. Constitution is to be taken literally and not amended, how do we incorporate into our Constitution things we discover as a society to be as important as the separation of powers, the separation of church and state, and other fundamentals of our Constitution? How do we remove fundamentals placed in our constitution that contradict itself (Slavery for example)?
Justice Scalia will say legislation should be the primary mechanism of dealing with things not addressed in the U.S. Constitution, but legislation is a much too volatile mechanism of storage for newly discovered inalienable rights. Changes to the Constitution and in the interpretation of it allow us to place newly discovered inalienable rights into a more robust storage mechanism not subject to the 2-4 year terms of politicians. This is the same reason we give Supreme Court Justices appointment for life, they are not swayed by politics which allows them to hold strong our inalienable rights and the judicial process itself which allows us to have peaceful transitions of power.
I am predicting that in the absence of Constitutional mention or Judicial precedence, Justice Breyer would use his education, experience, and power as an objective viewer to stand up for the unrepresented minority, in this case one single artificially sentient being.
In my opinion, making an ultimate decision based on Context in the absence of the definition of law is the job of the Supreme Court of the United States of America. A Supreme Court Justice is not just a life long appointed guardian of a dogmatic unchanging 200+ year old document, he/she is an intelligent objective interpreter of that document and all the truths as a nation we hold to be self evident.
"Your Honor, a courtroom is a crucible; in it we burn away irrelevancies until we are left with a purer product: the truth, for all time." - Picard
Sincerely,
-Immortal Monkey