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Too bad that Justice Scalia totally ignored originalism when he agreed with the majority in raich v. gonzalez, that the commerce clause means that the federal government can regulate everything.
1 posted on 02/14/2012 9:09:05 AM PST by marktwain
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To: marktwain

Hear, hear, all ye for original intent! Original intent took aim at the motives of men, which have and will not change.

Further, USConstitution cannot be adequetely interpreted without referencing Declaration of Independence. The founders didn’t re-add the whole thing into USConstituion because it was _completely_ a given, understood, assumed.

Great swaths of the Old Testament are the same way not re-iterated... assumed, a given... duh.


2 posted on 02/14/2012 9:24:34 AM PST by veracious
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To: marktwain

“Maybe there is a right to abortion,” Scalia said, answering a question from one of the students. “[The founders] didn’t specify, but they didn’t leave it up to the courts to do it either.”

I think that’s the important quote.

Now if only Scalia would live up to it 100% of the time instead of something less than 100% he seems to so far.


3 posted on 02/14/2012 9:40:39 AM PST by Wuli (ui)
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To: marktwain
“I don’t have to prove [it’s] perfect. The question is whether it’s better than everything else,”

The first part is correct; the second is a bunch of BS. The simple fact is that the Constitution IS THE LAW OF THE LAND. Period. Whether something else may be better or not is not for Scalia or anyone else to judge - the Constitution is to be obeyed, end of story.

Of course, what Scalia does understand well, and people like Breyer don't (or pretend not to - I'm not sure) is that there is a very well-known and utilized means of "updating" the Constitution via amendment. So it CAN change with the times, so long as a sufficient number of people agree to do so.

By the way, Breyer, I hope you had to buy some new underwear after that machete incident...and, much more importantly, that you can now understand part of the reason why the Founders decided to specifically protect the right to keep and bear arms...you putz.

4 posted on 02/14/2012 9:52:08 AM PST by Ancesthntr (Bibi to Odumbo: Its not going to happen.)
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