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View Diary: Antonin Scalia on tape (188 comments)

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  •  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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