Sunday, February 14, 2016

Justice Antonin Scalia...Now There Was A Man

Some quotes from the heart of the constitutionalist movement. Made without comment because I am unworthy to comment.

“Today’s judgment convertsMiranda from a milestone of judicial overreaching into the very Cheops’ Pyramid (or perhaps the Sphinx would be a better analogue) of judicial arrogance. In imposing its Court-made code upon the States, the original opinion at leastasserted that it was demanded by the Constitution. Today’s decision does not pretend that it is—and yet stillasserts the right to impose it against the will of the people’s representatives in Congress.”

“The issue, however, is not whether court rules are ‘mutable’; they assuredly are. It is not whether, in the light of ‘various circumstances,’ they can be ‘modified’; they assuredly can. The issue is whether, as mutated and modified, they must make sense. The requirement that they do so is the only thing that prevents this Court from being some sort of nine-headedCaesar, giving thumbs-up or thumbs-down to whatever outcome, case by case, suits or offends its collective fancy.”

“As to the Court's invocation of theLemon test: Like some ghoul in a late-night horror movie that repeatedly sits up in its grave and shuffles abroad, after being repeatedly killed and buried, Lemonstalks our Establishment Clause jurisprudence once again, frightening the little children and school attorneys of Center Moriches Union Free School District. ... Over the years, however, no fewer than five of the currently sitting Justices have, in their own opinions, personally driven pencils through the creature's heart.”

“If Congress can reach out and command even those furthest removed from an interstate market to participate in the market, then the Commerce Clause becomes a font of unlimited power, or in Hamilton’s words, ‘the hideous monster whose devouring jaws . . . spare neither sex nor age, nor high nor low, nor sacred nor profane.’ 

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