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
Dave is a part-time blogger that writes about whatever suits him at the time.
Thanks to your generosity, we were able to upgrade our service plan. Hopefully this will help us address some of our performance issues.
on Open Mic for the week of 12/23/2024Trump is apparently going on again about reclaiming the Panama Canal and Greenland for the United St…
on Open Mic for the week of 12/23/2024What does it mean? Probably not much. If it "made sense" to this guy to set a stranger on fire he is… on Joe Biden Agrees that Some People *DO* Deserve the Death PenaltyIn practical terms, which are the only ones that matter here, yes.
on From Tablet Mag: Rapid-Onset Political EnlightenmentFar right edge? You didn't accuse them of being "wrong" but of being "far right". But, you clarified…
on From Tablet Mag: Rapid-Onset Political EnlightenmentThank you for confirming my suspicions because I have, over the years, read a number of Tablet artic…
on From Tablet Mag: Rapid-Onset Political EnlightenmentTablet started off as an interesting Jewish online magazine whose politics reflected standard Americ… on Open Mic for the week of 12/23/2024The Gaetz report was released and the findings are what one expects: https://www.nytimes.com/live/20…
on Joe Biden Agrees that Some People *DO* Deserve the Death PenaltyHe didn't PARDON these people. He commuted their death sentences to life sentences. Have you enjoyed…
on Joe Biden Agrees that Some People *DO* Deserve the Death PenaltyI never know what to do with that one. Is the ask to kill more people? It sounds like the concept fo…
on Joe Biden Agrees that Some People *DO* Deserve the Death PenaltyI believe that the counter argument is "mend it, don't end it". Figure out how to do it in an equita…
December 22, 2024
Youngsters Make Merry at Evanston Country Club Christmas Party
December 21, 2024
December 20, 2024
December 19, 2024
on Joe Biden Agrees that Some People *DO* Deserve the Death Penalty
on Joe Biden Agrees that Some People *DO* Deserve the Death Penalty
on Open Mic for the week of 12/23/2024 on Joe Biden Agrees that Some People *DO* Deserve the Death Penalty on From The Wall Street Journal: How the White House Functioned With a Diminished Biden in Charge on Open Mic for the week of 12/23/2024 on From The Wall Street Journal: How the White House Functioned With a Diminished Biden in Charge on Open Mic for the week of 12/23/2024
on Open Mic for the week of 12/23/2024
on Joe Biden Agrees that Some People *DO* Deserve the Death Penalty on From The Wall Street Journal: How the White House Functioned With a Diminished Biden in Charge
on Saturday Morning Gaming: Clive Barker’s Undying on From The Wall Street Journal: How the White House Functioned With a Diminished Biden in Charge on Saturday Morning Gaming: Clive Barker’s Undying
on Saturday Morning Gaming: Clive Barker’s Undying
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