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To: cryptical

Thats interesting what you posted. Scalia is often viewed by both the left and the right as a huge Federalist. He is really not. Scalia's views on this were known before he was on the court. He once aired his view that once AMericans signed on the the new deal legislation that in many ways they made a descision to alter the whole concept of Federalism. He is still sympathetic to the Federalist camp but he is not a Rehquist or Thomas on this issue


26 posted on 02/15/2006 9:29:34 AM PST by bayourant
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To: bayourant
He once aired his view that once AMericans signed on the the new deal legislation that in many ways they made a descision to alter the whole concept of Federalism.

Scalia embraced that example of a living Constitution (and then some):

"Where necessary to make a regulation of interstate commerce effective, Congress may regulate even those intrastate activities that do not themselves substantially affect interstate commerce." (from Raich)

http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=us&vol=000&invol=03-1454

28 posted on 02/15/2006 9:57:26 AM PST by Ken H
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