Despite what some people think, Scalia is not a Constitutionalist; support of the War on Drugs and Constitutionalism are mutually exclusive, as the War on Drugs has damaged 90% of the Bill of Rights:
Amendment 10 — Destroyed by combining “necessary and proper” with the intrastate/interstate regulation of Wickard.
Amendment 9 — Everything. Seriously, EVERYTHING about the War on Drugs is about the federal government exercising powers not expressly delegated by the Constitution.
From Justice Thomas’s Dissent in Raich:“If the Federal Government can regulate growing a half-dozen cannabis plants for personal consumption (not because it is interstate commerce, but because it is inextricably bound up with interstate commerce), then Congress’ Article I powers – as expanded by the Necessary and Proper Clause – have no meaningful limits.”Amendment 8 — Mandatory minimums and zero tolerance combine to make the punishments outweigh many of the “crimes”, even is you accept the crime as valid.
Amendment 7 — In [civil] asset forfeiture, the victims are routinely denied jury-trials even though the amount in controversy exceeds $20.
Amendment 6 — The clogging of the courts with drug-related cases erodes the notion of a “speedy trial” to a joke. Often drug charges are added on to the list of crimes, which can “taint” the jury w/ prejudices. Often police act on informants whose identities are “protected”, which impairs the ability to confront the accuser.
Amendment 5 — How does “Comprehensive Forfeiture Act of 1984” comply with “No person shall [...] be deprived of life, liberty, or property, without due process of law”?
Amendment 4 — Kentucky v King”The Fourth Amendment expressly imposes two requirements: All searches and seizures must be reasonable; and a warrant may not be issued unless probable cause is properly established and the scope of the authorized search is set out with particularity. [...] The proper test follows from the principle that permits warrantless searches: warrantless searches are allowed when the circumstances make it reasonable, within the meaning of the Fourth Amendment , to dispense with the warrant requirement.”In other words:Yes, the fourth amendment requires warrants for searches, but… fuck that!
Amendment 3 — [Nope, nothing here... yet.]
Amendment 2 — Arguably, the “prohibited persons” from the `68 GCA.
Amendment 1 — Religious freedom is denied via the war on drugs ( http://en.wikipedia.org/wiki/Employment_Division_v._Smith ), there are stories of “legalization”-advocacy publishers being raided/harassed.
You are absolutely right: Scalia’s claim to being a constitutionalist is laughable.
He’s another phony “conservative” happy to give the government more and more power so long as it (temporarily) does what he wants with it.
I lost faith in the SCOTUS when they ruled it was constitutional to use eminent domain to take private property from one party and give it to another private party.