Good for him. I never agreed with his intention-based approach regarding equal protection (see here) so his embracing the text and underlying principles is pleasing.
Dave
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on The Mandate That Wasn’tVery interesting. If I had to guess someone figured out that there was no way in God(ess?)'s green e…
on The Mandate That Wasn’tThe sort of pedantic dude who is going to pull out Merriam Webster for the sole purpose of having a…
on Open Mic for the week of 11/18/2024Over in 1 day!
on The Mandate That Wasn’tNot sure how it's helpful to a discussion to resort to name calling, but if you don't consider winni…
on Open Mic for the week of 11/18/2024I think we are probably in the final posturing phase before Trump takes over the presidency. on Open Mic for the week of 11/18/2024Now *there's* a demonstration. Think Vlad's crazy enough to do it? on Open Mic for the week of 11/18/2024That ethics report on Gaetz must have been really nasty.
on The Mandate That Wasn’tGaetz withdraws his nomination: https://www.nytimes.com/live/2024/11/21/us/trump-gaetz-news on The Mandate That Wasn’tI mean, this is semantically true in the dictionary sense but also not at all true in the vernacular…
on The Mandate That Wasn’tThis. if we want to go back to situations other than those we found ourselves in, we can stipulate t…
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Lovely and delightful decision. I am hopeful that we get more and more appeals to the 10th Amendment in the days, months, and years to come.
(I also hope the newfound fans stick around for a while… speaking of which, there was a Medical Marijuana raid in California earlier today.)Report
Loved “supposedly principled originalist like Antonin Scalia”, because it’s so true, and aqlso the implicit embracing of the notion of the living Constitution: its principles don’t change, but we find new ways in which they apply. Whether Madison would have approved of same-sex marriage (or interracial marriage, for that matter) is of no interest.Report
@Mike Schilling, I guess, maybe, I understand the conservative love for Scalia in the 80’s.
In recent years, however, it completely baffles me.
Raich v. Ashcroft gave him a choice between overthrowing Wickard and, to borrow a delightful phrase, punching a hippie.
He chose the hippie.Report
@Mike Schilling,
Scalia has referred to himself as a faint-hearted originalist, and I think he’s right because he is just as results-oriented as any liberal Living Constitutionalist.
the implicit embracing of the notion of the living Constitution: its principles don’t change, but we find new ways in which they apply.
The latter part describes originalism, not living constitutionalism. The principles are derived from the meaning of the text. Respect for text is respect for the written nature of the document and its inherent limitations.
Many of those principles can support unenumerated rights but the 1930’s Progressives would have none of that. When they were finally able to successfully argue that minimum wage laws were constitutional, they threw the whole notion of unenumerated rights under the bus in West Coast Hotel v Parrish.
Do you think it was the conservatives who first pulled that “I don’t see a right to X nonsense”?
There’s a reason I refer to the term New Deal Originalism.Report
And, for posterity:
reason.com/blog/2010/07/22/who-is-to-blame-for-the-deaReport