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Scalia: Court shouldn't 'invent new minorities'
Associated Press ^ | August 19, 2013 | Matt Volz

Posted on 08/20/2013 12:47:05 AM PDT by Steve Schulin

"It's not up to the courts to invent new minorities that get special protections," Scalia told a packed hotel ballroom in southwestern Montana... Changes to the Constitution were made to protect minorities and to give women the right to vote, but that's not how the court operates today, he said.

Rather, a majority of five judges decide issues that should be in the hands of Congress or made through a change to the Constitution.

(Excerpt) Read more at hosted.ap.org ...


TOPICS: Constitution/Conservatism; Government; News/Current Events; US: Wyoming
KEYWORDS: congress; guns; marriage; scotus
The article also highlights other topics Justice Scalia talked about, including:

* Questions such as National Security Administration surveillance of phone records or the privacy questions in the Patriot Act were once answered by Congress, which knows how serious a threat is compared to the intrusiveness of the surveillance. But now the courts are doing so. "Of all the three branches, we are the one that knows the least about the nature of the threats to the country, and we have the least ability to find out about it," Scalia said.

* Scalia answered some questions written by the audience, including a hot-button issue in Montana: the Second Amendment's right to keep and bear arms.

"What remains to be determined ... appears to be the scope of the armament that people can keep and bear," he said. "Can they bear shoulder-fired rocket launchers?"

He said the court will have to take those cases as they come, but his approach will be to apply the historical understanding of the Second Amendment, which was not just in self-defense against animals and home intruders, but for the people to protect themselves against a tyrannical leader.

* Scalia dismissed the idea of term limits for Supreme Court justices, asking, "Who is drooling on the bench?"

* Scalia called the notion of an imperial presidency "garbage," saying the presidency is weak by design and Congress holds the real power. "Congress can do whatever it wants, if it gets its act together," he said.

1 posted on 08/20/2013 12:47:05 AM PDT by Steve Schulin
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To: Steve Schulin

bookmark


2 posted on 08/20/2013 1:45:52 AM PDT by GOP Poet
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To: Steve Schulin
Justice Scalia never puts a foot down wrong and that comes not just because the man is brilliant but because he proceeds from a fundamentally correct premise.


3 posted on 08/20/2013 1:49:24 AM PDT by nathanbedford ("Attack, repeat, attack!" Bull Halsey)
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To: nathanbedford

He has an honest, intellectually sound mind.


4 posted on 08/20/2013 1:53:05 AM PDT by Gene Eric (Don't be a statist!)
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To: nathanbedford
'He also was asked about the most wrenching decision since he's been on the bench. "Well, is Obamacare too recent?" he asked to laughter."'

He has a wry wit and is spot on.

5 posted on 08/20/2013 1:53:53 AM PDT by sr4402
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To: Steve Schulin
* Scalia dismissed the idea of term limits for Supreme Court justices, asking, "Who is drooling on the bench?"

You tell us. I resent the fact that Congress is a retirement/nursing home for congresscritters. Why should we assume the Supremes are any different?

6 posted on 08/20/2013 2:04:47 AM PDT by The_Media_never_lie (Actually, they lie when it suits them! The crooked MS media must be defeated any way it can be done!)
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To: The_Media_never_lie
There were numerous instances of this before RBG retired:


7 posted on 08/20/2013 2:09:18 AM PDT by FreedomPoster (Islam delenda est)
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To: FreedomPoster

In that photo RBG appears to have retired in place.

Unfortunately for now at least, that is where she remains.


8 posted on 08/20/2013 2:49:06 AM PDT by John Valentine (Deep in the Heart of Texas)
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To: Steve Schulin

The only reason people want to be a “minority” is so that they can play the victim.

It’s gettin old.
Is everyone in America a cryin whining two year old?


9 posted on 08/20/2013 2:52:47 AM PDT by djf (Rich widows: My Bitcoin address is... 1ETDmR4GDjwmc9rUEQnfB1gAnk6WLmd3n6)
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To: Steve Schulin

It has already been invented. Basically, a minority is anybody who is not white. That’s it. There’s really just one. One. Anybody Not White. They can call themselves ANWs for short.


10 posted on 08/20/2013 3:20:00 AM PDT by Gaffer
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To: Steve Schulin

Everyone is a minority of some sort. Where does it end?


11 posted on 08/20/2013 3:39:44 AM PDT by 0.E.O
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To: The_Media_never_lie

Who has been bribed and puts his wrongly and illegally acquired children above the survival of our republic? THAT is the question!


12 posted on 08/20/2013 4:35:45 AM PDT by LibLieSlayer (FROM MY COLD, DEAD HANDS!)
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To: John Valentine

Ooops, mea culpa. Wishful thinking on my part. Although anyone Barry would replace her with, would be just as bad.


13 posted on 08/20/2013 5:49:27 AM PDT by FreedomPoster (Islam delenda est)
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