If CO'D had made that clarification and explained the difference in meaning between the two she would have looked good. But instead she asked “That's in the First amendment?” as a question, as if she didn't have a clue.
Congress vs ‘the government’ is the the same in so many minds, and term ‘the government’ to complain about congress is used over and over by Republicans, so she is easily crucified for responding in this way to such a fine difference in common use of words.
Arguing against decades old judicial precedents in debates is not for amateurs. Scalia would have most (all) people for lunch, I have seen him in debates.
I’m making the assumption that she might’ve had something up her sleeve with the “thats”. But if not, it would’ve been better to just clean that up. What would’ve been better would have been “that’s in the constitution ...? government?” To point directly at one of his errors.
Yes, I would think that Scalia and Thomas could debate the Constitution well.