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View Diary: Getting It: Interstate Commerce & the New Deal (290 comments)

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  •  I just BET he'll knock down -- (none)

     -- the med mary j law, simply because it's against his "moral" philosophy.  That's my whole point:  he's more consistantly a Right Wing Catholic who wants to turn America into his own, private Knights of Columbus hall, than he is any kind of "reasoned and principled" jurist who just happens to believe in "judicial restraint."  Ha!  What a laugh!

     I guarantee you, if he comes down in favor of the local (i.e. state) law, he'll make sure he's in the minority, so he can act all "State's Rights", while eating the cake of knowing none of those cancer or AIDS victims are partaking of that sinful weed.

     BenGoshi
    _________________

    "If a nation expects to be ignorant and free, in a state of civilization, it expects what never was and never will be." T.J.

    by BenGoshi on Tue Dec 14, 2004 at 04:14:42 PM PST

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    •  Counterexample (none)
      •  Scalia is selectively good on civil liberties (none)
        He is surprisingly good on fourth and sixth amendment cases, but it bothers me that he is surprisingly good. I wish I could see a real commitment to civil liberties rather than an apparent obsession with process.

        A foolish consistency is the hobgoblin of little minds, adored by little statesmen and philosophers and divines. - Emerson

        by freelunch on Tue Dec 14, 2004 at 05:51:52 PM PST

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        •  Sixth Amendment (none)
          meaning Apprendi through Blakely?  If that's what you are thinking of, I believe his position on those cases can be traced to his hostility toward the administrative state and his traditionalism on questions of procedural due process.

          Join the American Constitution Society for Law and Policy: www.acslaw.org

          by yella dawg dem on Tue Dec 14, 2004 at 06:28:50 PM PST

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          •  Scalia believes he can devine original intent (none)
            And the Fourth Amendment makes clear that our homes are sacred (Kyllo), and that criminal defendants have an absolute right to have the facts of their cases decided by juries, not judges (Apprendi, Blakely, and likely Fanfan and Booker).  It's when the Constitution doesn't directly address a proposition (Brown, Roe v. Wade, and Lawrence v. Texas) that he gets pissy.

            For what it's worth, I just submitted a diary on the subject of judicial activism--particularly how the Right does it all the time with the paring down of the Commerce Clause and the trumping up of the 10th and 11th Amendments.  Scalia features prominently in both of these arenas.

            "The Red Sox have won baseball's world championship. Can you believe it?!" -- Joe Castiglione

            by PADC on Tue Dec 14, 2004 at 07:35:09 PM PST

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            •  Scalia (none)
              Don't forget Crawford there, too - Confrontation Clause and all that. Two big pro-defendant decisions in 2004 (this and Blakely) and these folks have Scalia to thank. Whoda thunk it?
              •  What a wonderful world (none)
                I'm a criminal defense attorney, and I still find it weird that Scalia is our new King--for a little while, at least.  I'm sure he'll find a way to pop the balloon soon enough.  

                "The Red Sox have won baseball's world championship. Can you believe it?!" -- Joe Castiglione

                by PADC on Wed Dec 15, 2004 at 04:34:44 AM PST

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            •  Yes (none)
              The Rehnquist court has been far more activist than the Warren court ever was, in terms of striking down congressional enactments.  

              Join the American Constitution Society for Law and Policy: www.acslaw.org

              by yella dawg dem on Wed Dec 15, 2004 at 07:40:17 AM PST

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            •  Excellent Diary. (none)

               Just went there and skimmed, put it on my Favorites, and will read at leisure within the next day or two.

               Bummed that it's already too late to "Recommend" it, but will look for more from you.

               Thanks much.

                BenGoshi
              ________________

              "If a nation expects to be ignorant and free, in a state of civilization, it expects what never was and never will be." T.J.

              by BenGoshi on Thu Dec 16, 2004 at 02:50:11 PM PST

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