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Justice Scalia on Restoring the Constitution: "I don't know that I'm optimistic."
Sodahead: Opinions...Everbody's Got One. (from CNSNews.com) ^ | 11/6/2012 | Patrick Burke

Posted on 11/08/2012 6:36:21 PM PST by SC_Pete

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To: gotribe

I think that you may be onto something! It just might be time to do that. I always considered that the last thing that would happen but today, it seems like the more appropriate thing to do.

When the National Government fails us, it is way past time for the States to act. Yes, I really like your idea.


41 posted on 11/08/2012 8:28:09 PM PST by Deagle (quo)
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To: JRandomFreeper

Lots of people visit the queen. He didn’t leave with India’s freedom.


42 posted on 11/08/2012 8:28:32 PM PST by CodeToad (Padme: "So this is how liberty dies... with thunderous applause.")
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To: CodeToad
3 card monte.

And no, actually, the government has to agree to a state visit. You and I would not make it past the first cut.

Unless you can juggle kittens or something...

/johnny

43 posted on 11/08/2012 8:32:42 PM PST by JRandomFreeper (Gone Galt)
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To: Deagle
Everything is up for grabs at a concon.

1st Amendment, keep it the same except for no talking bad about religion Jihad. 2nd Amendment? Out. 3rd Amendment? Who does that anymore? (Except we did, in Britain during WWII, but it was legal there).

It's a can-o-worms aka pandora's stash box you are looking at opening.

/johnny

44 posted on 11/08/2012 8:38:34 PM PST by JRandomFreeper (Gone Galt)
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To: JRandomFreeper

Actually, I have met the queen. Dad was a a diplomat. She meets a number of people every day.


45 posted on 11/08/2012 8:39:01 PM PST by CodeToad (Padme: "So this is how liberty dies... with thunderous applause.")
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To: JRandomFreeper

Actually, I have met the queen. Dad was a a diplomat. She meets a number of people every day.


46 posted on 11/08/2012 8:39:03 PM PST by CodeToad (Padme: "So this is how liberty dies... with thunderous applause.")
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To: JRandomFreeper
We lost that war in the living room of America in front of the warm radiation of B&W television's.

Just like we lost the election... But in HI Def.

47 posted on 11/08/2012 8:42:03 PM PST by RedMonqey (America: It was a good run.)
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To: CodeToad
Have you seen the video of Ghandi's reception? I'm betting you didn't get anything like that. It was a state affair. Run by the Foreign Office.

It wasn't 'being mentioned in dispatches' kind of stuff.

/johnny

48 posted on 11/08/2012 8:43:30 PM PST by JRandomFreeper (Gone Galt)
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To: JRandomFreeper

Still, Ghandi didn’t walk away with independence. It took spilled blood to get that.


49 posted on 11/08/2012 8:45:27 PM PST by CodeToad (Padme: "So this is how liberty dies... with thunderous applause.")
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To: RedMonqey
Not me. I lost the last TV when I sent it with my last ex-wife. Somewhere around a decade ago.

I don't do the TV drug thing.

/johnny

50 posted on 11/08/2012 8:45:45 PM PST by JRandomFreeper (Gone Galt)
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To: CodeToad
True, he did not walk away from it with India free and clear.

There was the Pakistan border thing that the Brits had to screw up first.

Where did most of the blood letting happen? British soldiers vs Indian soldiers?

Or on the disputed border?

Every time the Brits draw a line on a map, blood flows.

/johnny

51 posted on 11/08/2012 8:50:08 PM PST by JRandomFreeper (Gone Galt)
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To: SC_Pete

Hang in there, Antonin.

We need to stay on the bench for another 4 years.


52 posted on 11/08/2012 8:54:44 PM PST by diamond6 (Pray........pray very hard!!)
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To: SC_Pete

The difference between originalists and activists in the Courts is this:

Originalists hear the case first and then render their opinion.

Activists render their opinion first and then hear the case.


53 posted on 11/08/2012 9:03:11 PM PST by Dr.Deth
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To: Oklahoma
The last Convention was to amend the Articles of Confederation, the Constitution was created.

We are better for it.

HOWEVER - our current politicians are in the main statists. They are nowhere near the intellect, character, world view and integrity of the Framers. There are exceptions of course, but for the most part I wouldn't trust these people for a minute instant.

54 posted on 11/08/2012 9:05:58 PM PST by Ray76
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To: Ray76
We are better for it.

I'll disagree with that (in part), even though I'll get flamed. I've been here for over a decade, so I can handle the flames

The Articles of Confederation left a toothless federal 'government' to herd cats that had managed to come together and claw their way free. In spite of... not because of the Confederation.

Perhaps, in the beginning (this is my in part thing), we did need some rules between the states to stop the harsh crap that was going on.

But today? Texas has the wherewithall and the moxy to reach a hand out to OK, TN, AZ, etc.. to deal with the issues at hand that affect us, without sending money to a 10 square mile District.

Maybe we did need a federal government. We don't today. Texas.. compare and contrast to France. Population, land size, GDP.... California... Compare and contrast to Italy....

I could go on.

Every state in the United States is larger than some country. (thanks, Lichtenstien).

Perhaps it's time for a new way. We already have states that are sovereign.

Time for a new experiment.

/johnny

55 posted on 11/08/2012 9:22:22 PM PST by JRandomFreeper (Gone Galt)
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To: JRandomFreeper
You're immune. ‘-)

But millions do watch and vote ...like Zombies

56 posted on 11/08/2012 9:24:26 PM PST by RedMonqey (America: It was a good run.)
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To: SC_Pete
Scalia was promoting his new book, Reading Law: The Interpretation of Legal Texts, co-authored by Bryan Garner.

Here's what's NOT in Scalia's new book:

How Chief Justice Roberts Saved America

57 posted on 11/08/2012 9:30:22 PM PST by Talisker (One who commands, must obey.)
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To: SC_Pete

Scalia’s just being honest - and probably improving his armory at the same time.


58 posted on 11/08/2012 9:32:48 PM PST by mykroar (RIP America :: 11/6/12)
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To: JRandomFreeper

The modern Hebrew term for the USA translates as “lands of the covenant.” (Artzot ha-brit.) I think that sums the constitution concept up well.

Being a single country ensures a degree of comity between states. You do not have to ask California’s permission to visit it or even move there from Illinois, or Maryland’s permission to do so from Oregon. One postal service covers the entire set of states, and the same currency is earned and spent in all. You do not have to register copyrights in fifty different places. Etc., etc.


59 posted on 11/08/2012 9:36:32 PM PST by HiTech RedNeck (cat dog, cat dog, alone in the world is a little cat dog)
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To: SC_Pete
I used to admire Scalia. However, I question if Scalia is actually a "conservative" actvist justice as evidenced by what Scalia noted in Arizona v. US opinion which tested state power to address immigation issues. In Arizona opinion, Scalia volunteered an excerpt from Jefferson's writings where Jefferson claimed that the states have never delegated to Congress via the Constitution the specific power to regulate immigration. Scalia wrote on page 5 of Arizona the following.
'Jefferson’s Kentucky Resolutions insisted “that alien friends are under the jurisdiction and protection of the laws of the state wherein they are [and] that no power over them has been delegated to the United States, nor prohibited to the individual states, distinct from their power over citizens.”' --Justice Scalia, Arizona v. US.
But do you think that Jefferson's extract would have had more impact if Scalia had not stopped short of Jefferson's inclusion of the context 10th Amendment in the sentence immediately following in Jefferson's writing?
"4. _Resolved_, That alien friends are under the jurisdiction and protection of the laws of the State wherein they are: that no power over them has been delegated to the United States, nor prohibited to the individual States, distinct from their power over citizens. And it being true as a general principle, and one of the amendments to the Constitution having also declared, that "the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people," the act of the Congress of the United States, passed on the -- day of July, 1798, intituled "An Act concerning aliens," which assumes powers over alien friends, not delegated by the Constitution, is not law, but is altogether void, and of no force." --Thomas Jefferson, Draft of the Kentucky Resolutions - October 1798.
So while Scalia expresses doubt that the Constitution can be restored to its original meaning, his omission of a reference to a key amendment is arguably evidence thet he is actually helping to dilute the Constitution.
60 posted on 11/08/2012 9:47:52 PM PST by Amendment10
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