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Scalia is an activist? Sure you jest. Scalia is the most conservative and ardent supporter of the constitution. He does not believe it is a living document. If you truly think he is an activist, you are no conservative and not very informed.

If you truly think he is an activist, you are no conservative and not very informed.

Scalia is very activist with regard to the 4th Amendment. Some of his justifications on 4th Amendment rulings have been ridiculous, bordering on the absurd.

I used to believe that conservatives were strict constitutionalists like everyone at FR here. Then I started reading some of his 4th amendment rulings and in the Michigan case on sobriety checkpoints, he even admitted they were a violation of the 4th amendment but granted an exemption so they could catch drunks.

He has also, in the name of the drug war, sided with all the libs in Gonzales v. Raich which has further evicerated the 10th Amendment and Federalism.

I understand that today conservatives in general favor some amendments over others, but I favor them all equally, and if that means I am not a conservative, then so be it. I prefer honesty to spin and saying Scalia is a strict constructionist on all parts of the constitution is just spin.

Justice Thomas is the only strict constructionist on the court.

Scalia’s main love is stare decisis, so what does his affection for original intent gain, if the pathological meanderings of stare decisis obscure it so deeply to negate it?