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View Diary: Scalia is a Fraud, Undeserving of Moral Respect (69 comments)

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  •  Worthy of a book. Do it. (12+ / 0-)

    To add to the Citizens' "logic", Scalia said that he could not imagine the founders intended political parties not to be protected by the 1st Amendment.  Of course, political parties weren't in existence when the constitution was written.  This is more soothsaying than interpreting using  textural direction.

    Besides the points raised in this spot-on analysis, in Heller he read into the founder's minds to determine what was prefatory (an introduction) and what was operative (the actual law).

    In Reich,  Scalia used a very broad and expansive view of the Necessary and Proper clause, as well as the Commerce Clause to determine that home grown pot in Calif for personal use could be regulated by the Federal Government.

    In the ACA case, though the plain words of the constitution allow Congress to regulate commerce, according to Scalia, the founders "intention" was not to regulate this commerce.  

    Scalia simply "reverse engineers" his "logic" to find some explanation to arrive at his preconceptions.  

    If only he was but an embarrassment.  He is one of the most dangerous men alive.  

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