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Archive for the ‘Antonin Scalia’ Category

>Huffington Post Is Creating Fiction That Scalia will Approve ObamaCare


Sam Stein

Justice Scalia, Not Kennedy, Eyed As Key Vote In Support Of Health Care

First Posted: 02/ 3/11 05:53 PM Updated: 02/ 4/11 08:09 AM

WASHINGTON — Observers of the legal drama surrounding President Obama’s health care reform legislation have reached two broad conclusions: that it will ultimately be ruled on by the Supreme Court, and that Justice Anthony Kennedy will be the deciding vote.
The Supreme Court will, most likely, be the venue that finalizes or submarines the Affordable Care Act. On Thursday, Virginia’s attorney general formally requested that the justices bypass an initial appellate review and take up the case on an expedited basis.
But legal scholars and defenders of the bill are increasingly convinced that another court member, not Kennedy, will play the critical role. And the name tantalizingly floated, often in private conversation with health care advocates, is Antonin Scalia.
An unapologetic constructionist, Justice Scalia doesn’t strike the pose of philosophical champion for Obama’s signature legislation. But his opinion in the 2005 case of Gonzales v. Raich has led to speculation that he could begrudgingly okay the underlying principles of the individual mandate — the legally-contested provision at the heart of the bill.
In a separate concurrence to Raich’s majority decision — which held that Congress could criminalize the production of homegrown marijuana even in states that approved of its medical use — Scalia made what is widely regarded as one of the Court’s broadest interpretations of Congress’ ability to regulate commerce. Not only did the legislative branch have the “power to regulate activities that have a substantial effect on interstate commerce,” he wrote; it had the power to extend itself into “those measures necessary to make the interstate regulation effective.”

>Word On Middle East Streets American Liberals Can Be Bought.


Defense of God’s goodness and omnipotence in view of the existence of evil is called theodicey. Somewhere in the history of America, politicians have lost that desire to defend that which is most sacred, their religious views concerning marriage, family, and the sacred nature of God.

Joseph Smith gave us the best description we have ever had about what God looks like because God appeared with The Son to him in the sacred Palmyra, New York grove in 1820. “If you have seen the me, you have seen the Father,” the Savior said. Why don’t many Americans take that for what it literally means?

It is America’s challenge to defend righteousness and decry evil at every turn. Evil seems to getting the upper hand over what is basic, what is good, and those tenants of truth the founding fathers left us with. Of course, what today’s liberals are trying to do is re-write the U.S. Constitution.

But it can’t be re-written, as Justice Scalia so eloquently said: It is a dead document as opposed to those left-wing liberals who say it is a ‘living document’ which should and can be reconfigured, changed, reduced, and re-interpreted by men many different ways. The liberals would like us to believe that nothing is worthy of keeping, even our Constitution which, along with the Bill of Rights, guarantees rights and privileges of free men living in a free country. They’re selling our freedom down the river.

Scalia says he believes the Constitution’s meaning cannot change over time. It was meant, he says, to impose rigid rules that cannot be altered, except by the difficult process of constitutional amendment.

“If you somehow adopt a philosophy that the Constitution itself is not static, but rather, it morphs from age to age to say whatever it ought to say — which is probably whatever the people would want it to say — you’ve eliminated the whole purpose of a constitution. And that’s essentially what the ‘living constitution’ leaves you with,” Scalia says.

Although he takes an “originalist” view of the Constitution, that its meaning today is the same as when it was drafted, Scalia says this doesn’t mean he wants to undo past Supreme Court decisions with which he disagrees.

“You can’t reinvent the wheel. You’ve got to accept the vast majority of prior decisions. … I do not argue that all of the mistakes made in the name of the so-called living constitution be ripped out. I just say, ‘Let’s cut it out. Go back to the good, old dead Constitution,” Scalia says.

This attitude puts him in a decidedly different camp than fellow conservative Justice Clarence Thomas, who Scalia concedes is far more willing to reverse past precedent.

“I am a textualist. I am an originalist. I am not a nut,” he says, underscoring that he generally doesn’t favor undoing old rulings. He also notes that the idea of a living constitution places no restraints on judges.

Scalia has surprised some critics with his hard-line view on what he sees as the excesses of the Bush administration in at least one area — the imprisonment without charge of U.S. citizens accused of being enemy combatants.

“As with anybody arrested, you bring them to trial or you let them go,” Scalia says.

Notice that he said “U.S. citizens accused of being enemy combatants.” That is much different from imprisonment of foreigner combatants, who should be subject to Martial Law meded out by the military. This is part of the great debate taking place in America today by liberals and conservatives. Liberals love foreigners. In fact, in some cases they prefer them and legally defer to them over citizens of the U.S. To each his own,

I suppose. But when you see a liberal doing this, look for the money. There’s always a money trail, and conservatives are on the nasty scent of Barack Obama in his apparently easy desire to take money from the likes of Tony Rezko—and trade future governmental favors for campaign cash donations from foreign countries like Pakistan that would prefer a softy president like him over a tough-minded president like John McCain . In other words, the word on Middle East streets is the American liberals can be bought.

Where have the liberals in America gone wrong? They have lost their religion—not all of them, but as a whole. They no longer prescribe to the good old-fashioned ideas of families, honor, patriotism, and love of country that conservatives have. I will write more about this, becoming far more explicit in the next blog.