Scalia brushed off Obama's comments aimed at the court regarding the healthcare law and a campaign finance ruling. "What can he do to me? Or to any of us?" Scalia said. "We have life tenure and we have it precisely so that we will not be influenced by politics, by threats from anybody."
Supreme Court Justice Antonin Scalia at Wesleyan University in Connecticut, 03/08/12. (photo: AP)
Scalia: 'What Can Obama Do to Me?'
30 July 12
upreme Court Justice Antonin Scalia on Sunday renewed his criticism of Chief Justice John Roberts' reasoning in upholding President Barack Obama's 2010 healthcare law and also said the Constitution undoubtedly permits some gun control.
The 76-year-old Scalia - a leading conservative on the court who has served as a justice since 1986 - also was asked whether he would time his retirement in order to let a conservative future president appoint a like-minded jurist.
"I don't know. I haven't decided when to retire," Scalia told the "Fox News Sunday" program. "... My wife doesn't want me hanging around the house - I know that."
"Of course, I would not like to be replaced by someone who immediately sets about undoing everything that I've tried to do for 25 years, 26 years, sure. I mean, I shouldn't have to tell you that. Unless you think I'm a fool."
Roberts, also a conservative, sided with the nine-member court's four liberals in upholding the constitutionality of Obama's healthcare law, considered the Democratic president's signature domestic policy achievement.
Scalia joined in a sharply worded dissent on the day of the June 28 ruling and added to his criticism on Sunday.
A central provision of the law is the "individual mandate" that most Americans obtain health insurance by 2014 or pay a penalty. The ruling found that this penalty "may reasonably be characterized as a tax" and thus would be constitutionally permissible under the power of Congress to impose taxes.
"There is no way to regard this penalty as a tax. ... In order to save the constitutionality, you cannot give the text a meaning it will not bear," Scalia said.
"You don't interpret a penalty to be a pig. It can't be a pig."
Supreme Court justices rarely give media interviews. Scalia is making the rounds to promote "Reading Law: The Interpretation of Legal Texts," a new book he co-wrote.
Scalia brushed off Obama's comments aimed at the court regarding the healthcare law and a campaign finance ruling.
"What can he do to me? Or to any of us?" Scalia said. "We have life tenure and we have it precisely so that we will not be influenced by politics, by threats from anybody."
He was asked "why you push people's buttons every once in a while." Scalia said, "It's fun to push the buttons."
Gun Control
Scalia wrote the high court's 2008 ruling that a ban on handguns in the U.S. capital violated the right to bear arms enshrined in the Constitution's Second Amendment.
In light of the July 20 massacre in which a gunman killed 12 moviegoers in Colorado, Scalia was asked whether legislatures could ban the sale of semiautomatic weapons.
He said the 2008 ruling stated that future cases will determine "what limitations upon the right to bear arms are permissible. Some undoubtedly are."
Scalia - a proponent of the idea that the Constitution must be interpreted using the meaning of its text at the time it was written - cited "a tort called affrighting" that existed when the Second Amendment was drafted in the 18th century making it a misdemeanor to carry "a really horrible weapon just to scare people like a head ax."
"So yes, there are some limitations that can be imposed," he said. "I mean, obviously, the amendment does not apply to arms that cannot be hand-carried. It's to 'keep and bear' (arms). So, it doesn't apply to cannons. But I suppose there are handheld rocket launchers that can bring down airplanes that will have to be ... decided."
Regarding the death penalty, Scalia said opponents want it struck under the ban on cruel and unusual punishment included in the Eighth Amendment of the Constitution.
"But it's absolutely clear that the American people never voted to proscribe the death penalty," he said. "They adopted a cruel and unusual punishment clause at the time when every state had the death penalty and every state continued to have it. Nobody thought that the Eighth Amendment prohibited it."
Scalia also took issue with decades-old Supreme Court precedent, saying the Constitution does not provide Americans with a right to privacy, despite a landmark 1965 ruling finding that it does. That ruling helped pave the way for the court's 1973 ruling legalizing abortion.
"There is no right to privacy - no generalized right to privacy," Scalia said. "No one ever thought that the American people ever voted to prohibit limitations on abortion. I mean, there is nothing in the Constitution that says that."
Scalia also was asked about his past criticism of rulings by Supreme Court colleagues in which he called them "folly" and "sheer applesauce."
"I don't know that I'm cantankerous," he said. "I express myself vividly."
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Here's the link: http://www.thechicagodope.com/2012/07/09/scalia-to-leave-the-supreme-court-next-year/
I suppose all of this is plausible, if Scaly-a didn't regularly display such conspicuous mirth in wielding power in the way that he does, subverting the Constitution he claims to be defending in his ceaseless quest to advance the interests of the most reactionary elements of the Vatican hierarchy and his corporate benefactors. No, I reckon he'll keep maneuvering to normalize corporate personhood, bring back slavery under a form of industrial feudalism and turn the country into a theocratic police state as long as he can manage to. They'll carry him out of his chambers feet first unless some determined and resourceful patriots manage to curtail the length of his lifetime tenure.
I'm almost embarrassed to ask: do you have any other sources for this story? I'd like to give you the benefit of a doubt, but I'm guessing you don't.
In the past, I've been on the receiving end of some unkind judgements in the blogosphere when it didn't look as though I knew what I was writing about. (Sometimes Republicans ridicule reflexively -- that's different.) I can well relate to wanting desperately to comment on a subject, not taking the time to research it and then looking foolish in public. Aren't pseudonyms wonderful?
This really is a word to the wise and I hope you don't think I'm picking on you. Your mistake was understandable, but it shouldn't've happened. Once we got into an exchange, I used it as a platform to elucidate some general principles that apply in this instance (as if anyone cares...). Good luck with your business. Be careful out here.
"You don't interpret a penalty to be a pig. It can't be a pig."
neither can a penalty be a tax!...
This is something the Liberals here don't want to hear...But Scalia is correct...
It's utter hypocrisy for Republicans to be at ease with auto insurance and then go ballistic over health insurance for the care and preservation of our bodies.
A penalty is a penalty no mtter what you call it, Scalia is correct, and just because you don't like it doesn't change that fact!
We PAY for insurance to cover damage to our cars. Republicans have no problem with that. Taking care of our bodies is just as important, if not MORE important personally and as a society, than taking care of our cars.
People who refuse to buy health insurance end up in emergency rooms when they're sick or become seriously ill and the rest of us end up paying outrageous fees for their emergency care. So either they pay, or we do, on top of paying for our own coverage.
There's nothing wrong with requiring people to be responsible for paying for their own health care.
Though there have been ineffective bastardized versions of it, no-fault insurance (like that implemented many years ago in Massachusetts)l owered the cost as much as 75% for some of us, by eliminating most involvement of lawyers on damages less than $10,000. It wasn't as cost effective to fight over who was at fault as it was to simply pay for the damage to your own customers. Those who didn't buy the required insurance didn't get reimbursed for non-injury related damages. Basic universal health care, covered by taxes, could similarly dramatically reduce the cost for the simple stuff. The UAW's Walter Reuther wanted such universal health care, but couldn't get his own union members to get past their careless self interest in what they thought were going to be forever superior benefits for just them. If you want Cadillac health care coverage, pay the extra premiums yourself, or find a company that uses enhanced health insurance as a recruiting tool.
We cannot have things both ways...we hate people on welfare or with no insurance but then when we put a start of healthcare in, now we don't want it. Do you really think the Republicans who have been in Office too many times in forty years are going to put a Health Care in? No they would rather take your home, belongings, bank accounts or Farm.
By the way were you at the meetings at Union bargaining tables with Insurance Companies? If so then perhaps you can let me know, I have lot of questions. You see I know the Unions were sold out by them as were the Contractors because I read the laws...Workmans ' Comp was a real swing in Insurance way and boy did they lie to large and small bus. I am sure you are a Business owner too? My Cousins actually wrote the Laws and they could not believe what happened and how fast but Congress, Senate, Lobbyists, Insurance sure made lot of money.
I would rather see something started like a project and revamped than have nothing at all. But then Republicans do not want the People to have anything, eh?
I do not own a business but I always worked as if the military mission, business, customer, or student's, success depended on me doing my best. I've never joined a union (have seen both good and bad ones) and appreciate what the good ones do.
A neighbor's father was Walter Reuther's pilot (lost in the crash that may have been helped by a faulty altimeter, just like the one that almost got Walter Reuther's brother several months before). The impressions I got from him help me cut through a lot of baloney some would try to feed us.
I did have a rude awakening on how they treat anyone with even the slightest claim on workmens comp, being treated almost as a criminal for a simple infection from a bug bite at work. The company seemed to strongly suggest I should claim I'd been bitten at home, perhaps to avoid jacked up rates if they let any claims get through. Don't know how many abuse it, especially health care provider fraud compared to patient fraud, but it scared me how much pressure was put against legitimate claims.
I am sure that you are the biggest sniveler about people not having insurance and what it costs you. Well, I am tired of it too I do not care what they called it...It is HealthCare. Not OB Care, however it does look and read except for some exceptional clauses Ob Got us like MittensCare.
I do not care you do not like Democrats but where are you sticking up for kids lives? Seniors? Vets? Disabled esp those who cannot get SSI or Disability due to laws? How about Illegals ?
I do not believe in turning people away but I have friends dying, they need organs. Funny thing is the people who get organs usually do not have donor card on them. Many believe they have to be buried or cremated whole...I guess they believe that almighty creator cannot make a couple new parts?? I think we have to have something, this is not perfect..neithe r are we, but at least we can make it better. INstead Your leaders want to throw it out...then we will never see it again. Your leaders want us to Die...that includes You and Yours. Come to grips with that, there is not card in the pile saying you are more special than anyone else...If we have the internet next year I will look for you...you will be under another face but we will know ye!
By the way, when (as an example) a credit card company fines you a large penalty and raises your APR for being one day late on your payment, that is done by greedy pigs (the APR was already way too high). So I guess a penalty can be a pig. Guess Ya just can't trust anything Scalia has to say.
You can’t circumvent anything simply by calling it something different…a fine is a fine and a tax is a tax, a fine can never be a tax! A fine is a penalty a tax is for support of government!
Failure to understand the difference does not change it
I see laws about backfilling wetlands let us say...I see a contractor backfill twenty acres and contact right sources including Media. Contractor goes to Court and get fined by many agencies. But ten years later, he pays a tenth of fine, does not give the amount of land back. I question why...and given bs. However, a regular guy backfills a half an acre and he has to pay the whole amount ... wow I guess the pictures the Media and I have is something different than backfilling wetlands. oh the same contractor under a no fire in the County...burned tires....You could see the fire for twenty miles in all directions...no fines. Yes people get away with stuff all the time, it is whose pocket you can grease always has been
Sorry but again Mr L you only work the street on your side so you never look at the whole street. Lot like Scalia, eh...Yupper
Franklin got us off to a good start with mutual type investments in insurance, fire companies, postal services, etc, that returned very cost effective benefits to not only the original contributors, but to many that added more. The Internet is the best modern example. What if we hadn't taken the lead? Would we even have it, or want to do without it now? Can you imagine what too much privatization/" piratization" of this mutually funded and contributed infrastructure would do to it, and us?
SC has done much damage? Bush election? Sour grapes unless you have proof Gore won it. Citizens United ruling - major spending on conservative candidates? As of the 2008 campaign no one had ever spent more money getting elected than Divine Barry.
This is a liberal board & I prefer that. I won't learn much going to a conservative board where I admit I do more agreeing than I do here. I come here in the hope that someone will submit a post that makes me think. I have erasers on all my pencils & I try to be fair to the opinions of others. It does happen. Not as often as I would like but it does happen.
Like most conservative blogs the majority of responses here are knee-jerk reactions devoid of any thought. They are usually funny.
Permit me to point out that, as I type this, I have received 31 negative votes. Not one of those people have told me where I am wrong. If my statements are wrong they are wrong for a reason not simply because someone says so.
"Sour grapes"? How about the fact that Gore won the popular election and was ahead in the Florida counties where the recount was considered necessary? The counties where he was behind "didn't require a recount". How about the fact that repugs claim to be pro-state's rights, but immediately jumped behind the Supreme Court decision that forced a state to stop counting and disregard everything that had been counted? How about the fact that no one really disagreed with the fact that voter's intentions were obviously being disregarded for reasons about "hanging chads". The whole argument that "hanging chads" were nitpicking was disingenuous from the start. It was obvious what people tried to vote for.
It's obvious what's going on when election laws specifically target minority voters, and specifically make it more inconvenient for them to vote and have their vote counted.
As far as I can tell, those were the only two "points" you made, unless snark about The President of the United States being called "Barry" is something you think deserves a response.
The humor is that you think you're somehow more intelligent than the rest of us, because your remarks were so inane they really didn't deserve a response.
If you want to take us on intellectually, try using substance.
I know, I know, liberals don’t like to be confused with facts…it’s much easier to attack with nonsense! Those who give us thumbs down can’t support a reason other then the fact they don’t want to hear the truth…
Most liberals live in a case, locked away from reality, few really get the picture because they are too busy apologizing for a looser! Who is the loser “OBAMA”
Change we can believe in…where is it? What happened to it?
How did one man fully trash our Bill of Rights? And how could an entire party accept it because he is a democrat…
You talk about the Republicans being the party of NO! The Democrats are a party of enablers! The Democrats more then any party are the real cause of the trashing of our republic! But it takes intelligence to see that and to understand it!!!
Get a mirror. (what you accuse Democrats of more likely applies to yourself!)
If we are so stupid, why are you here unless like the rest of those you represent, you like wallowing in the lower realms. Pigs love to wallow in their own shit also.
I do not believe you are your buds are Mensa material.
I like being an enabler. Do you realize in 55 years I have enabled women to get away from abusers? I have enabled people to fight environmental crimes and criminals? I have enabled people who had problems to go get support?
I like being an Enabler. Do you know Jesus was an enabler also. I am here because he died for my sins. What did you do today?
I know looking at Bushies, Reagun is like looking in the Mirror and I do not know many that can see beyond that superficial, clone like resemblance of human you see looking back. Republicans today are like Aids, a disease we all want cured.
I don't consider myself more intelligent. The cure for cancer won't come from me. The people I laugh at are those who just give knee-jerk reactions. If someone gives one or two nanoseconds of thought to an issue they deserve to be laughed at. Look at some of the responses you get on this board - they are not even bumper sticker quality. Before you get your nose out of joint the same thing happens on conservative blogs.
These blogs are for like-minded people. Look how smart I am - the person who wrote the article agrees with me. If you don't question what you read you are just a tablet for the author to write on.
I assume the "obvious" election law comment has to do with photo ids. How come photo ids are only a problem with voting - no big deal about anything else? How come they are not a big deal for poor whites? Poor Asians?
I am not going to argue with you either... when you can make a comment that is factual and not argumentative you will get responses!
Mirror up, join the real people not necessarily Democrats...jus t real people
So, being an Independent is for me a good idea. I simply do not know why Bush and Cheney were not prosecuted and jailed for their war crimes-but it is not "over yet."
Still waitng for some truthfrom you...been months and as yet have not seen any from your postings...must be using invisible ink.
You are not original, just another duplicate. I wonder if in Public if you would be so strong a speaker or just another sneak. I am glad people like you can come on places like this to remind us of what not to lower ourselves to.
Thanks for keeping me fighting for Democracy.
If everyone here could meet, assemble our thoughts imagine. I am speaking of all the RSN persons. If we could integrate all the feedback, we could possibly represent the American Public, perhaps achieve better leadership.
But no, better just to snivel about each other's politics and do nothing but cast a single ballot that could destroy millions of middle and lower paid Americans. Nice to be Judge and Jury with a vote just like Scalia.
Romney is not the right person. I believe someone could have been but I just believe that the Mockery of the People is beyond belief. But the People allowing it is more the Disgust. Again the Democrats or you peoplze Liberals are not any better than the above name.
I am not thumbing ya down, because your view has nothing to do with the Headline...it is your opinion, like mine it is free.
OVERTURN CITIZENS UNITED.
How can he be hurt? Don't buy his book, and do not give him press time at all.
N.
Back in those days, they did not have indoor plumbing. If someone would need to relieve himself, he would say, "I need my privacy."
Even to this day, bathrooms are called privies and our genitals are called privates. The meaning of privacy has changed.
I suppose the inalienable rights clause gives us a right to pee.
Other parts of the constitution suggest that our current meaning of privacy is to be upheld.
This man if you can call him that will die of hatred. He isn't fit to clean my toilet.
WE NEED TO RE-ELECT OBAMA. The lesser of two evils is STILL LESS EVIL.
What we COULD do to him is impeach him, if only we had a Congress of REAL Democrats willing to take the bullshit by the horns.
Otherwise, perhaps we need a Constitutional amendment limiting a judge's tenure to 20 years.
I believe each district of the USA should be given the right to combine on questions to ask, then vote who we believe should go before those who get the last say.
I do not believe we should have been ignored on this Vote with what I have see for twenty years.
Tenure should also go
We would have choice. I believe if the Declaration of Independence Signers and Writers came back today they would agree that we are out of control.
Allowing ourselves to be manipulated by a Document that gave us Freedom now imprisons us. I believe tenure can be gotten rid of without offense to these first gentleman of the the USA no less us.
If we had a real congress of real humans...not clones.
I find neither party a bargain...
Maybe not, but a Supreme Court Justice can be.
WHAT? What is Scalia tripping on? Not influenced by politics?! That's the most outrageous things I've come across today. It takes the cake as one of the biggest lies I've heard out of a SC Justice.
The irony! Scalia is more influenced by politics than any other justice I can remember, except perhaps Thomas.
But then, magically and with WAH LAHness.., suddenly The Constitution-- OUR Constitution, says somewhere that GLOBAL Corporations, often with Super Wealthy Foreign Interests as Major Shareholders, are allowed to influence OUR Elections with as much money as they wish to spend on that effort because MONEY=SPEECH...
Really?
Our Constitution says that..?
Please excuse me.
I'll have to stop writing here and go read it again. I must have missed that part...
Time for us to be sweatshop workers for corporate slugs
Your cavalier attitude towards the stark raving fact that the Supreme Court has opened the door to unrestrained corporate influence of our elections as if they are also WE THE PEOPLE is, frankly, stunning and disturbing. Some of that corporate influence is as I describe.., basically an open back door to FOREIGN influence in AMERICAN ELECTIONS. You are comfortable with that?
You seem to think that because Corporations 'earned' their money that they should indeed have this right.
I can't use the words here that I would otherwise say to such a comment from an American Citizen, especially one who I feel sure would agree with me on this if he or she perceived the corporate money to be flowing in a political direction contrary to their own political viewpoint.., much as I can see that as you while you accept the tidal wave of corporate influence in our elections, you despise Union influence in our elections, even as unions exclusively represent AMERICAN CITIZENS using American Citizen Funds.
I personally disagree with ALL but PUBLIC FINANCING of OUR Elections.
I believe no Unions should have Republicans. I think republicans should work for minimum and no benefits just like the rest of us. Adios
I have been Union, my spouse and family none of us were ever extorted Another person, a republican rep, lying.
Wisconsin is a disgrace..peopl e were fired guess you would not be union anymore eh just like other States where Union members of Police, Teachers, Fire, Ambulance lost jobs. You know those people who teach and save your lives.
Very scary.. I really wish we could have a Democratic part of USA and Rethug part. It would be like illegal immigration watching the worms crawl over to our side. I would let the chickens roam.
If you accept Scalia's definition of "bearing" arms, then, a grenade or bomb that can be carried is okay, but any gun large enough to require multiple people to carry is not. Clearly this is not a valid division.
Term limits for Supreme Court justices
Public funding for national elections
Reverse Citizens United
Strict and enforced gun laws
Change in term limits for House of Representatives (longer terms but limit number of terms)
Etc
Etc
How about serious debate and dicussion and representative actually working on issues and laws they could move forward on?
Do not necessary agree with the list provided by alces, bt bi-partisan actions and feed back rom the citizens would be nice.
Is this an admission that it would be relatively easy to undo the damage created him? It certainly seems as if he doesn't have the country in mind, but what he's "tried to do for 25 years"...
Hmmm...
and Thomas with him.
Scalia is the MOST political of all supreme court judges.
I can see why his wife doesn't want him around the house.
Please vote for Obama. I am disappointed in him also, but he is all we've got now--other than OURSELVES being activists.
But WE can call for his impeachment -and that of his lapdog Thomas.
And an amendment should be compiled to cut off these ludicrous lifetime impositions on the population. Nobody is above the will of the people, or at least the people who care and are engaged on an ongoing basis instead of once every four years.
We have to organize and actually WORK for change in order for our lame, wimpy, cow-towing President to actually do something to help the country.
We need to have millions in the streets. Without that, we'll have the same old, same old.
Patience, Patience, dear friends, "Vengeance is MINE"! saith the Lord! He will mete it out all in good time.
King s$$t on turd hill.
So what are you tryin' to say?
Blah, blah, blah yourself -far into the night but no substance, just a nitty-pick, which I fail to see any justification in posting. Please Illuminate, us o' wise one in yer wisdom, with what you have in mind.
Checklist: Scalia is an embarrassment to the judiciary and should be impeached, is a member of Opus Dei and totally beholden thereto, is cuckolding the presidency and all it tries to do for his masters in the Vatican and his Corporate Power-drunk allies, he is and bully and a latter-day incarnation of Al Capone, Ghengis Khan and Cap' Bligh of the "Bounty"! 'Nuff said but it bears repeating and acting upon often and anon until someone beyond the purlieus of RSN recognizes it and wakes up to spread the stink of corruption and hubris further.
His very presence in a position of power is something to howl from the rooftops until the rest of the county gets it.
So a couple of suggestions if ya will.
Put in on Facebook or whatever social medium you use, or write to the press, start or sign a petition, spread it around as much as possible -but don't bitch at us -OK!
Blah, blah, blah yourself -far into the night but no substance, just a nitty-pick, which I fail to see any justification in posting. Please Illuminate, us o' wise one in yer wisdom, with what you have in mind.
Checklist: Scalia is an embarrassment to the judiciary and should be impeached, is a member of Opus Dei and totally beholden thereto, is cuckolding the presidency and all it tries to do for his masters in the Vatican and his Corporate Power-drunk allies, he is and bully and a latter-day incarnation of Al Capone, Ghengis Khan and Cap' Bligh of the "Bounty"! 'Nuff said but it bears repeating and acting upon often and anon until someone beyond the purlieus of RSN recognizes it and wakes up to spread the stink of corruption and hubris further.
His very presence in a position of power is something to howl from the rooftops until the rest of the county gets it.
So a couple of suggestions if ya will.
Put in on Facebook or whatever social medium you use, or write to the press, start or sign a petition, spread it around as much as possible -but don't bitch at us -OK!
Well said, reiverpacific, VERY well said indeed!
he correctly outed the Obamacare ruling, as any lawyer will tell you...if it sounds like a duck and walks like a duck its a duck...so someone please explain to me how a duck suddenly becomes a pig? "a penalty became a tax???"
Think instead of reacting because you can't face the truth...
"...I'll follow your casket on a pale afternoon.
and I'll watch as you're lowered into your deathbed.
and I'll stand over your grave
until I'M SURE THAT YOU'RE DEAD!"
Think about it Tony ... on that day, outside of the people you are legally pimping for. the vast majority of AMERICANS will just say ... GOOD!!
Well he has a terrific health care plan, courtesy of us the people.
You are getting (have been all along) REALLY BORING!
Balls? BALLS??? He has NO balls! What he DOES have is a LOUD mouth and a Whole Sh*t load of POWER given to him when he was appointed to the SCOTUS! This is something that MUST be addressed by the NEXT Congress, the reining in of an out of control, Politically Motivated SCOTUS! They have done more damage to this Country with their "Citizen's United" Bull-Puckey than can be reasonably calculated. Guess what? No one lives forever Antonin, you too, will have to stand in front of your Creator and read your page out of the Book. I'm pretty sure you and a few other Colleagues on the Court will be found SERIOUSLY wanting! Be vigilant, fellow citizens. We CAN'T let Romney get elected to appoint anymore like Scalia, Thomas, Roberts, or Alito to the Court. Never, EVER vote ReTHUGlican!
He was qualified and approved by a BIPARTISAN Congress! Who knew that he was such a hard line Conservative Putz? Then again, this is what ReTHUGlicans do, lie, cheat and steal their way into high positions to wreak their havoc on the unsuspecting Public!
I also don't want him to continue "hanging around" the Supreme Court.
So she'll have to take him back. She married him after all.
This means then that, at best, the only arms people are allowed to "bear" are the muzzle-loading weapons available at the time the Constitution was written since no one envisioned the semi-automatic pistols of today or the fully automatic assault rifles that are the darlings of the NRA.
in Missouri v. Holland 252 U.S. 416 (1920), Oliver Wendel Holmes made this remark on the nature of the constitution.
"With regard to that we may add that when we are dealing with words that also are a constituent act, like the Constitution of the United States, we must realize that they have called into life a being the development of which could not have been foreseen completely by the most gifted of its begetters. It was enough for them to realize or to hope that they had created an organism; it has taken a century and has cost their successors much sweat and blood to prove that they created a nation. The case before us must be considered in the light of our whole experience and not merely in that of what was said a hundred years ago. The treaty in question does not contravene any prohibitory words to be found in the Constitution. The only question is whether [252 U.S. 416, 434] it is forbidden by some invisible radiation from the general terms of the Tenth Amendment. We must consider what this country has become in deciding what that amendment has reserved"
Arms are arms whether a musket or a winchester repeater!
You keep saying that Scalia is right but then say that "the Constitution is a living document subject to change and interpretation" which is precisely what Scalia is saying the Constitution is not. How do you reconcile these two seemingly contradictory positions? Scalia's argument is that a judge should rule based on the meaning of the constitution (or ammendment) at the time it was written and is thus not open to contemporary interpretation. So, for example, he said about "arms" that it refers to weapons one can carry and so did not include canons which existed at the time?
Scalia the Nauseating and Thomas the Lecherous should both be impeached...... ...........good riddance.
Scalia is an arrogan creep. He should go hunting with Cheney some more.
Impeachment is a possibility: the Constitution states that federal Justices of the Supreme Courtserve "during good behavior." And if any modern Justice ever deserved impeachment, Scalia's the man.
Obama could also push for legislation limiting terms on the supreme court especially in light of Citizens United. The terms would be prospective to anyone on the high court. The Federalist Society agenda is pro-business, anti-minority and pro-states' rights to the exclusion of everything else. The stated plan has been to put young(ish) right wing ideologues on the court so they can impose their ideology upon the country for 30-40 years. Alito fits the mold. Roberts guided Bush through the S. Ct. maze in 2000. He was rewarded for his efforts. There is no provision in the Constituion providing for life tenure. That can be changed and in light of what has occured in Citizens United, should be.
...or allowing the 1% to continue an all-out assault on everyone's rights but theirs.
"Supreme Court justices serve "during good behavior," which means "for life" or until they choose to resign or retire, as long as they don't commit an impeachable offense (bad behavior)"
Article III, Section 1
"The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behavior, and shall, at stated Times, receive for their Services a Compensation which shall not be diminished during their Continuance in Office."
And Roberts is INFINITELY more dangerous and metaphysically Fascist that either loudmouth Ol' Scaly or his clunky echoing henchman, Mr. Nepotism Thomas. Roberts is subtle, quiet, sneaky, and while those other two preen publicly over their connections to Opus Dei, wanna bet that Roberts doesn't have tentacles to that ultra-inquitori al Star Chamber, too? He knows that "satan" was a Hebrew word meaning "strict constructionist , cold-hearted lawyer" (this is true). He's read Machiavelli's THE PRINCE and swallowed that poison into his lowest bowels, to be regurgitated at will. The other two may have read it, but it didn't register. They probably weren't bright enough, and we know Scalia never read a damn thing written after 1781.
It's the bright, sleek, up to date Satans we must be on guard against. Not the Screwtapes.
Scalia compared forcing people to eat broccoli to forcing people to carry life insurance. This just proves that Scalia is unique having "GREEN MATTER" [from BROCCOLI] in his brain, instead of "GRAY MATTER" and "WHITE MATTER" like everybody else.
http://www.seconnecticut.com/supreme_court.htm
lower and lower these past years to meet it's threshold, I'd say in the big picture you, Mr. Testy Toot your own Horn are a gnat. Put that in your piehole and smoke it.
We need term limits on justices.
The Pres is limited to 4/8 years; senators - 6 yrs; and, representatives - 2 yrs...why should justices(the third leg) get life tenure?
I say 8 yrs, like the Pres, and must be atheist or agnostic - to make sure religion is not part of the decision making process - otherwise you have to live with what you got - and sniveling and complaining won't change the game.
Scalia apparently thinks he is the most important person in Government, an appointed King, the final authority on all things, answerable to no-one but his own super-sized ego.
He has single-handedly caused serious doubt about the legitimacy and viability of the Supreme Court in a modern democracy.
After Citizen's United, he should have been tarred and feathered and chased through the streets. Instead this outrage has carried him to new levels of braggadocio.
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