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WTF does "I don’t care what their intent was. I care what it was that they intended" mean? Joel Send a noteboard - 11/12/2012 09:03:23 PM
"I don't care about x, I care about x"? Was that supposed to be a joke?

That is the whole problem with asserting the Constitution to mean only what the Framers understood it to mean: Even if we grant that, the precise meaning of many clauses is intensely and widely debated. Scalia can say, "When you read Chaucer, you try to figure out what the words meant when they were put down on paper. It’s the same thing with the law,” but "figuring out what the words meant when they were put down on paper" is a judgement call that varies with the individuals making it, their culture and their era. Scalias implication his far right view of the text is indisputable, or indelibly and unambiguously written in stone OR parchment, is absurd.

Of course, it is not even THAT simple; a literally limited First Amendment would not protect your right to gush about Scalia online (since that is an electronic transmission, not speech or publishing,) and a literally unlimited Second Amendment WOULD ensure my absolute right to keep and bear ICBMs.

“They want society to do things their way now and forever, coast to coast.” That is Scalias argument FOR letting him define the Constitutions every penstroke in excruciating detail, now and forever; sounds like the pot calling the kettle black. He quickly gives a good example of why that would be so foolishly dangerous: “My constitution is a very flexible one. There’s nothing in it about abortion and since there isn’t, it’s up to the citizens.” Scalias Constitution grants women no Fourth Amendment right to security against the search needed to prove an illegal abortion, nor a Fifth Amendment right against thereby incriminating themselves.

That is not so shocking though; Scalias stated "understanding" of the Constitution is that "With the right structure, you will preserve freedom even without a bill of rights." The Constitutions authors disagreed: THAT IS WHY THEY ADDED THE BILL OF RIGHTS! That, and the fact the states all refused to ratify it until they did.

The Constitution is obviously not a blank check. It has specific words with specific meanings, but if all the latter were as unambigously cut and dried as Scalia makes them sound he would be out of a job. That they are not makes me WISH he were. Scalia is arguably the most activist justice on the SCOTUS; it is only debatable because, although Kagans tenure has just begun, she will likely be every bit as bad (just in the other direction.) Partisan activism does not become impartial jurisprudence nor sage wisdom just because one happens to share the activists partisanship. I wish Scalia no ill will, but only hope he soon retires and lets a more able justice take his place. His infamous skill at inverting the meaning of words is more visibly failing each day. He has become a caricature of his once intimidating self.
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This message last edited by Joel on 11/12/2012 at 09:10:19 PM
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SCOTUS Justice Antonin Scalia is brilliant, just brilliant - - 11/12/2012 05:09:19 AM 987 Views
WTF does "I don’t care what their intent was. I care what it was that they intended" mean? - 11/12/2012 09:03:23 PM 555 Views
Yeah I read that twice to see if that was right *NM* - 11/12/2012 09:36:55 PM 269 Views
Part of me pities Scalias decline, because he could once nimbly and convincly argue black is white. - 12/12/2012 07:09:56 PM 526 Views
Re: your post. - 12/12/2012 07:18:18 PM 501 Views
You are quite right; I never noticed that until now. - 12/12/2012 07:29:08 PM 602 Views
Not quite - 12/12/2012 08:16:27 PM 619 Views
Poes Law. - 16/12/2012 01:42:55 PM 523 Views
More like disapeared in a puff of Florida's own law that they were trying to ignore. - 12/12/2012 08:13:13 PM 520 Views
actually..... - 12/12/2012 08:32:58 PM 604 Views
Re: actually..... - 12/12/2012 09:39:01 PM 511 Views
Your whole rant lacks any logic - 12/12/2012 03:46:34 PM 560 Views
+1 - logic is not his strong suit. *NM* - 12/12/2012 04:21:09 PM 222 Views
His comment references the authors (NOT words) intent in both negative and affirmative. - 12/12/2012 06:45:02 PM 520 Views
Rebuttal - 12/12/2012 07:58:41 PM 559 Views
Only nominally. - 16/12/2012 03:54:38 PM 518 Views
I was stumped by his phrasing as well - 12/12/2012 09:31:53 PM 426 Views
The SCotUS is no place for raging homophobes. - 13/12/2012 04:48:30 AM 655 Views
Sorry you don't like it, but what he said is true. - 13/12/2012 03:11:42 PM 576 Views
Lol. Homophobia is synonymous w/ homonegativism. It's not meant to convey a true phobia *NM* - 13/12/2012 03:28:01 PM 333 Views
So then what we need is a definition of homophobia? - 13/12/2012 09:56:15 PM 601 Views
Re: So then what we need is a definition of homophobia? - 13/12/2012 11:16:46 PM 548 Views
-phobe : Greek -phobos, adj. derivative of phóbos fear, panic - 13/12/2012 11:32:14 PM 562 Views
Do you have a similar problem with "xenophobia?" Because it's exactly the same thing. - 14/12/2012 01:30:24 AM 487 Views
xenophobia is the fear of the alien... WTF are you trying to say? - 14/12/2012 03:03:09 AM 552 Views
No. You are patently, objectively incorrect. - 14/12/2012 08:39:00 AM 479 Views
An aside. - 14/12/2012 01:21:32 PM 559 Views
Don't believe me, ask a Greek it is after all THEIR word. I gave you some extra capitals, happy now? *NM* - 14/12/2012 02:56:09 PM 336 Views
stop being obtuse - 14/12/2012 05:10:41 PM 532 Views
Hmmmm lets see, people misuse a word, perverting its meaning... - 14/12/2012 07:29:11 PM 498 Views
Double post. *NM* - 14/12/2012 10:14:50 PM 238 Views
that's glory for you! - 14/12/2012 10:44:30 PM 565 Views
So very conflicted, in so many ways.... - 16/12/2012 04:14:08 PM 660 Views

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