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View Diary: Antonin Scalia on tape (188 comments)

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  •  Here is a different opinion that Scalia joined on (10+ / 0-)
    Nothing before this Court warrants construction of the ...  20-year term extension as a congressional attempt to evade or override the “limited Times” constraint. Critically, we again emphasize, petitioners fail to show how the CTEA crosses a constitutionally significant threshold with respect to “limited Times” that the 1831, 1909, and 1976 Acts did not. ... Those earlier Acts did not create perpetual [rights], and neither does the CTEA.
    That, of course, is from ELDRED V. ASHCROFT, in which the Court essentially ruled that Congress may extend copyright protections however often and for however long it damn well pleases, regardless of the Constitution's explicit warning that Copyrights may be reserved to their owners for "limited Times". I see no note of concern from Scalia in Eldred warning that there is no downside for a Congresscritter in voting for such an extension, nor any concern that "limited" may become "unlimited" if Congress maintains this habit.

    Let us all have the strength to see the humanity in our enemies, and the courage to let them see the humanity in ourselves.

    by Nowhere Man on Fri Mar 01, 2013 at 04:24:18 PM PST

    •  if only Scalia were intellectually honest ... (3+ / 0-)
      Recommended by:
      NewDealer, Oh Mary Oh, helpImdrowning

      he ain't.

      he ain't never bin.

    •  I was thinking of Eldred too (3+ / 0-)

      As an intellectually honest textualist, one must admit that the Copyright Clause (which doesn't contain the word copyright at all but grants Congress only the power to promote the progress of art and science) is much less deferential to Congress than the Fifteenth Amendment.

      Quite simply, there is no part of the Constitution that is more emphatic in granting wide latitude to Congress than the Civil War amendments. "The Congress shall have power to enforce this article by appropriate legislation."

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