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JUSTICE SCALIA: 'FOOLISH' TO HAVE THE SUPREME COURT DECIDE IF NSA WIRETAPPING IS UNCONSTITUTIONAL
Breitbart.tv ^ | 4/19/2014 | Pam Key

Posted on 04/19/2014 2:49:04 PM PDT by BuckeyeTexan

Thursday in an interview conducted at the National Press Club in Washington, D.C., Justices Antonin Scalia and Ruth Bader Ginsburg talked about their views of the First Amendment. Moderator Marvin Kalb questioned Scalia about whether the NSA wiretapping cloud be conceivably be in violation of the Constitution:

Justice Antonin Scalia said, "No because it's not absolute. As Ruth has said there are very few freedoms that are absolute. I mean your person is protected by the Fourth Amendment but as I pointed out when you board a plane someone can pass his hands all over your body that's a terrible intrusion, but given the danger that it's guarding against it's not an unreasonable intrusion. And it can be the same thing with acquiring this data that is regarded as effects. That's why I say its foolish to have us make the decision because I don't know how serious the danger is in this NSA stuff, I really don't."

(Excerpt) Read more at breitbart.com ...


TOPICS: Constitution/Conservatism; News/Current Events
KEYWORDS: antoninscalia; constitution; demagogicparty; marvinkalb; memebuilding; nsa; nsascandals; partisanmediashill; partisanmediashills; ruthbaderginsburg; scalia; scotus
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1 posted on 04/19/2014 2:49:05 PM PDT by BuckeyeTexan
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To: Lurking Libertarian; Perdogg; JDW11235; Clairity; Spacetrucker; Art in Idaho; GregNH; Salvation; ...

FReepmail me to subscribe to or unsubscribe from the SCOTUS ping list.

2 posted on 04/19/2014 2:50:42 PM PDT by BuckeyeTexan (There are those that break and bend. I'm the other kind. ~Steve Earle)
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To: BuckeyeTexan

Gotta say, Judge, I am disappointed in this.


3 posted on 04/19/2014 2:52:39 PM PDT by BuckeyeTexan (There are those that break and bend. I'm the other kind. ~Steve Earle)
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To: BuckeyeTexan

I’m in a small minority that thinks the Supreme Court is ill equipped to make any decisions.


4 posted on 04/19/2014 2:54:09 PM PDT by Baynative (Got bulbs? Check my profile page.)
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To: BuckeyeTexan

Part of the solution or part of the problem? Pretty clear he is part of the problem.


5 posted on 04/19/2014 2:54:33 PM PDT by Rodentking (There is no God but Yahweh and Moses is his prophet - http://www.airpower.blogspot.com/)
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To: BuckeyeTexan

“it’s not an unreasonable intrusion.”

It is funny that 99% of Free Republic was cheering for Patriot Act back then, calling libtards as anti-Americans for not going with the fed gubmint schemes.


6 posted on 04/19/2014 2:59:07 PM PDT by sagar
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To: BuckeyeTexan
As someone who never went to law school, I don't think it takes a J.D. to notice that the Fourth Amendment only disallows "unreasonable searches and seizures," while the First Amendment says categorically that "Congress shall make no law...abridging the freedom of speech, or of the press." Whether a TSA pat-down is a "reasonable search" is a matter of law, but there is no Constitutionally-protected Federal law restricting "the freedom of speech."

P.S. I know "the freedom of speech" is specifically referring to a compact between individuals and society, based on the writings of Locke and Blackstone among others, a "deal" that society would protect the freedom of individuals to state that which they believed to be true based on evidence and reason, and that individuals in return would only state that which they had reason to believe to be true and which protected the life, liberty, and property of others--that is why libel and slander are not protected by the First Amendment. Nevertheless, the Fourth Amendment protection is against "unreasonable search and seizure," while the First Amendment protection is much closer to absolute, as close as possible without turning the Constitution into a suicide pact.

7 posted on 04/19/2014 2:59:08 PM PDT by chajin ("There is no other name under heaven given among people by which we must be saved." Acts 4:12)
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To: BuckeyeTexan

And he is supposed to be one of the few on our side... God help us!


8 posted on 04/19/2014 3:00:32 PM PDT by Blue Highway
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To: BuckeyeTexan
"I don't know how serious the danger is in this NSA stuff, I really don't."

His imagination is dead.

9 posted on 04/19/2014 3:02:03 PM PDT by Paladin2
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To: chajin

What does not infringe mean?


10 posted on 04/19/2014 3:03:31 PM PDT by Paladin2
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To: BuckeyeTexan

Because SCOTUS doesn’t do that anymore??


11 posted on 04/19/2014 3:07:06 PM PDT by GeronL (Vote for Conservatives not for Republicans!)
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To: BuckeyeTexan

Well...the constitution formed the SCOTUS, and it can undo it.


12 posted on 04/19/2014 3:07:44 PM PDT by crz
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To: BuckeyeTexan

Time to flush the SC toilet. If Scalia can’t figure out what’s intrusive to our freedoms, he needs to take a remedial course in Constitutional law. He best do it quick before we send the 101st Airborne to sort out the traitors from the patriots at the NSA.


13 posted on 04/19/2014 3:08:51 PM PDT by sergeantdave
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To: Blue Highway

The SC is part of the elite. They were appointed by the elite and approved by the elite. We the people are peasants who are allowed to survive to do their bidding.


14 posted on 04/19/2014 3:10:26 PM PDT by VerySadAmerican
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To: Paladin2
What does not infringe mean?"

"As a political gesture to the Anti-Federalists, a gesture highlighted by the Second Amendment's prefatory reference to the value of a well-regulated militia, express recognition of the right to arms was something of a sop. But the provision was easily accepted because everyone agreed that the federal government should not have the power to infringe the right of the people to keep and bear arms, any more than it should have the power to abridge the freedom of speech or prohibit the free exercise of religion."
- "To Keep and Bear Arms"

15 posted on 04/19/2014 3:11:32 PM PDT by chajin ("There is no other name under heaven given among people by which we must be saved." Acts 4:12)
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To: BuckeyeTexan

Yeah. Scalia is a friend of America and the Right. *major eyeroll*


16 posted on 04/19/2014 3:14:13 PM PDT by RIghtwardHo
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To: Blue Highway

I said the same thing years ago, when Scalia was stating that the State’s could actually decide if “abortion” was allowed or not. The State had the “Right” to vote away the “Right to Life” of other human beings-—where science KNEW babies were individual, separate human beings, from the mother.

Something is terribly WRONG, when Reason and Logic is removed from words and language and WORDS aren’t absolute. The Founders meant specific provable things by language, which is being twisted and made irrational.

The Constitution’s embedded Natural Rights from God ARE absolute. Don’t know what Scalia “thinks” unalienable means. Our Rights come from God and we don’t NEED the State to give us PERMISSION-—which is what this Socialist State is doing.....which is in violation of our Natural Rights, which precede the Constitution and are “unalienable”. (Definition: IMPOSSIBLE to take away or give away). That is as “absolute” as it gets.

Such evil Marxist “progressive” “thinking” which throws out Logic. Justice Thomas is the Natural Law Theory expert, so I have been told. It is the Lockean philsophy, which undergirds everything in our Constitution. They are replacing Locke with Marx INTENTIONALLY.


17 posted on 04/19/2014 3:15:54 PM PDT by savagesusie (Right Reason According to Nature = Just Law)
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To: sagar

I don’t have an issue with the NSA spying on anyone outside of the United States. They have no business spying on American citizens on U.S. soil.

And before anyone jumps on me about naturalized terrorists, I don’t think we should be naturalizing anyone who abides by Sharia law. Racist? Yeah, and? Know any other religions whose adherents want to kill us?


18 posted on 04/19/2014 3:19:07 PM PDT by BuckeyeTexan (There are those that break and bend. I'm the other kind. ~Steve Earle)
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To: BuckeyeTexan; All
Although I empathize that Justice Scalia is trying to prevent more unnecessary deaths, Harvard Law School-indoctrinated Justice Scalia is effectively wrongly amending the Constitution from the bench concerning 4th Amendment protections imo. The Supreme Court should interpret the Constitution narrowly to give the sleeping states a "kick" to amend the Constitution to more reasonably address today's terrorists.

Regarding how the Constitution should be interpreted, Thomas Jefferson had put it this way.

"In every event, I would rather construe so narrowly as to oblige the nation to amend, and thus declare what powers they would agree to yield, than too broadly, and indeed, so broadly as to enable the executive and the Senate to do things which the Constitution forbids." --Thomas Jefferson: The Anas, 1793.

19 posted on 04/19/2014 3:24:37 PM PDT by Amendment10
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To: RIghtwardHo

Yes, Scalia, has been a very good friend. When he hears proper arguments about the dangers of NSA spying on citizens, he’ll make the right decision.

He says he doesn’t know right now. I trust that’s because he is lacking specific information. When it’s brought to his attention, he’ll weigh it carefully.


20 posted on 04/19/2014 3:24:47 PM PDT by BuckeyeTexan (There are those that break and bend. I'm the other kind. ~Steve Earle)
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