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You are quite right; I never noticed that until now. Joel Send a noteboard - 12/12/2012 07:29:08 PM
He still makes the argument as resolutely as ever; it has just become transparent rather than convincing. His circuitous argument against judicial review itself moots much of his argument AND job. I have more faith in John Marshalls constitutional interpretation (and that of all his successors) than in Anton Scalias, and not just because Marshalls ruling PRECEDED his dotage. How selectively self-serving is Scalias supposedly strict constructionism:
The times, places and manner of holding elections for Senators and Representatives, shall be prescribed in each state by the legislature thereof; but the Congress may at any time by law make or alter such regulations, except as to the places of choosing Senators.—US Constitution, Art. I Sec. 4

So where was Scalias strict construction when he voted with the majority to jump into Floridas 2000 election and forbid the statewide recount the STATE Supreme Court ordered? Answer: It disappeared in a puff of partisanship.


That bit of the constituion you sited clearly refers to Senators and Representatives, and not Presidential elections, though.

I should have, since it is in Article I, always a dead give away a clause concerns Congress. Article II does not even explicitly say individual citizens have a vote for president, only that the state legislatures choose electors. Presumably that means every presidential election in US history was unconstitutional. :P
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This message last edited by Joel on 12/12/2012 at 07:29:49 PM
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SCOTUS Justice Antonin Scalia is brilliant, just brilliant - - 11/12/2012 05:09:19 AM 986 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 552 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 525 Views
Re: your post. - 12/12/2012 07:18:18 PM 500 Views
You are quite right; I never noticed that until now. - 12/12/2012 07:29:08 PM 601 Views
Not quite - 12/12/2012 08:16:27 PM 616 Views
Poes Law. - 16/12/2012 01:42:55 PM 522 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 518 Views
actually..... - 12/12/2012 08:32:58 PM 602 Views
Re: actually..... - 12/12/2012 09:39:01 PM 508 Views
Your whole rant lacks any logic - 12/12/2012 03:46:34 PM 559 Views
+1 - logic is not his strong suit. *NM* - 12/12/2012 04:21:09 PM 221 Views
His comment references the authors (NOT words) intent in both negative and affirmative. - 12/12/2012 06:45:02 PM 518 Views
Rebuttal - 12/12/2012 07:58:41 PM 557 Views
Only nominally. - 16/12/2012 03:54:38 PM 516 Views
I was stumped by his phrasing as well - 12/12/2012 09:31:53 PM 424 Views
The SCotUS is no place for raging homophobes. - 13/12/2012 04:48:30 AM 654 Views
Sorry you don't like it, but what he said is true. - 13/12/2012 03:11:42 PM 573 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 600 Views
Re: So then what we need is a definition of homophobia? - 13/12/2012 11:16:46 PM 546 Views
-phobe : Greek -phobos, adj. derivative of phóbos fear, panic - 13/12/2012 11:32:14 PM 561 Views
Do you have a similar problem with "xenophobia?" Because it's exactly the same thing. - 14/12/2012 01:30:24 AM 486 Views
xenophobia is the fear of the alien... WTF are you trying to say? - 14/12/2012 03:03:09 AM 549 Views
No. You are patently, objectively incorrect. - 14/12/2012 08:39:00 AM 478 Views
An aside. - 14/12/2012 01:21:32 PM 556 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 531 Views
Hmmmm lets see, people misuse a word, perverting its meaning... - 14/12/2012 07:29:11 PM 497 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 564 Views
So very conflicted, in so many ways.... - 16/12/2012 04:14:08 PM 658 Views

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