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To: tpaine
after a year in the penalty box.

That's useful information. I probably would have assumed it was gone for good. I've never had more than a few days in the box, but now I know, worst case, even a year later it's worth a looksee.

If you haven't read the Barnett critique of Scalia, it's worth a read. He uses a few too many words to make his points, and you're probably aware of them, but it's a decent outline of some perhaps not widely known aspects of Scalia's jurisprudence. Especially the idea that if something in the Constitution doesn't present a clear rule, he sort of punts on it. Hence, he views the 9th amendment basically as useless to a judge. Hence, it's left to the Congress. Hence, the inmates run the asylum.

11 posted on 05/20/2006 1:22:30 PM PDT by Huck (Hey look, I'm still here.)
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To: Huck
That's useful information. I probably would have assumed it was gone for good. I've never had more than a few days in the box, but now I know, worst case, even a year later it's worth a looksee.

FR's management moves in mysterious ways..

If you haven't read the Barnett critique of Scalia, it's worth a read.

I've read most of his stuff, and posted quite a bit here at FR.

As you say, he's a bit too wordy, but his book on the "Presumption of Liberty" in our Constitution is well worth the effort

14 posted on 05/20/2006 1:39:13 PM PDT by tpaine
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