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.
Devcat is watching over, but if you notice any problems contact the editors and Devcat will be notified and deployed immediately.
on The Mandate That Wasn’tIt's amazing how 15 million people managed to enter the country illegally through that closed southe…
on Open Mic for the week of 11/18/2024I'm not assuming they're harmless; avoiding harm was not the option the electorate chose for us. The… on Open Mic for the week of 11/18/2024Entirely possible but less likely than with an administration of no-nonsense dedicated and capable f…
on Weekend Plans Post: On a Plane to IcelandSounds awesome (again) ... going to the thermal electric site? That sounded cool. I have to go to th…
on Open Mic for the week of 11/18/2024Yep. Paying for sex with escorts probably only scratches the surface. on Open Mic for the week of 11/18/2024Then show me the mushroom cloud. Russia has lots of open space. They've pulled out of the test-ban t… on Open Mic for the week of 11/18/2024If they really wanted to prove they still had nukes they should test one. They could test as many as… on Open Mic for the week of 11/18/2024Seems plausible to me.
on The Mandate That Wasn’t"What part of his mandate to close the border" The border is not open. "end forever wars" The wars i…
on Open Mic for the week of 11/18/2024Gaetz dropped out of the running for AG on his own accord.
November 21, 2024
November 20, 2024
Movie of a Young Man Calling on a Lady Friend
November 19, 2024
November 18, 2024
on Open Mic for the week of 11/18/2024 on Open Mic for the week of 11/18/2024 on Open Mic for the week of 11/18/2024 on Open Mic for the week of 11/18/2024
on The Mandate That Wasn’t on The Mandate That Wasn’t on The Mandate That Wasn’t on The Mandate That Wasn’t
on Open Mic for the week of 11/18/2024
on Open Mic for the week of 11/18/2024 on The Mandate That Wasn’t on The Mandate That Wasn’t on The Mandate That Wasn’t
on The Mandate That Wasn’t on The Mandate That Wasn’t
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