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The people of WA and CO just decided pot should be legal; think Scalia agrees? Joel Send a noteboard - 12/12/2012 07:25:11 PM
You are scared of allowing the people to decided most issues. If the constitution doesn't mention something, it goes to the states. The founders did create a "living constitution", it's called the amendment process.

The only good thing about removing judicial review would be that I would no longer need endure Scalias tortured arguments the Constitution means exactly the opposite of what it actually DOES mean, because he would have no authority to determine what is and is not constitutional. His argument is moot because incorrect, but would equally moot ITSELF if it were correct; it merits no further discussion.

You live by the 9 unelected justices, you die by them. All of those rights you talk about can be taken away by the black robes. That's dangerous.

Judges exist to interpret the law; it is the whole of their job. Words always require interpretation and context even when they are explicit, and vague broad phrases like "general welfare" and "necessary and proper" would establish the Constitution grants implied (if unspecified) powers even if that were not already established.
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

What does strict constructionism make of the Ninth Amendment (other than Scalias assertion the Bill of Rights should not be; he is a very impressive constitutional authority, but the impression is far from positive)? Does the Ninth Amendment mean the Constitution established anarchy, or is it completely worthless since it explicitly states no rights, and both its letter and spirit are diametrically opposed to the principles of strict constructionism?

Where was Scalias strict constructionism when he voted to overrule the FL Supreme Courts order of a statewide recount in 2000 (even though the Constitution gives each state sole authority to conduct and regulate its own elections)? Where does the Constitution mention health insurance, giving the SCOTUS the power to rule on it? In fact, where does it mention the SCOTUS' ability to rule ANYTHING unconstitutional or not? Again, if Scalia is right, judicial review is itself unconstitutional, so his opinions on it, on Bush v. Gore, on Robamacare, his opinion of any laws VALIDITY, is nil. If he dislikes a law he can do what any of the rest of us can: Try to change it, because no court can DISALLOW it.
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SCOTUS Justice Antonin Scalia is brilliant, just brilliant - - 11/12/2012 05:09:19 AM 988 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 603 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 605 Views
Re: actually..... - 12/12/2012 09:39:01 PM 511 Views
Spoken like a true lib.....I could have written that for you. - 12/12/2012 05:08:42 AM 552 Views
The people of WA and CO just decided pot should be legal; think Scalia agrees? - 12/12/2012 07:25:11 PM 536 Views
But you didn't. - 13/12/2012 04:06:05 PM 531 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 519 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 602 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 499 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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