“In our federal system. the National Government possesses only limited powers; the States and the People retain the remainder.”
Sotomayor must have about hucked her guts having to sign onto a decision containing that affirmation.
Scalia’s concurrence is stellar; his textual analysis of the Federal Law in question concludes NOT that the Federal Law does not apply, but that it applies unconstitutionally, and is, therefore, null and void.
Roberts, writing the opinion, takes pages to examine the question of whether the Federal Law applies to the defendant’s acts. Scalia’s concise analysis runs less than a page. Brevity is not only the soul of wit, but very often the beating heart of Truth, as well. Belabored explanations arouse our suspicions for the good reason that they so frequently belie a vacuity of truth at their roots.
Scalia explains, “The Court does not think the interpretive exercise so simple. But that is only because its result-driven, antitextualism befogs what is evident.” His subsequent dismantling of the Opinion of The Court is truly a thing of beauty as he demonstrates, point-by-point why The Court ruled correctly for erroneous reasons.
Dear God in Heaven, give me eight more “Scalias” and we might, at long last, witness a full restoration of the vigor and stature of this once-mighty Representative Republic as a Nation of Laws “with Liberty, and Justice for all.”
Sotomayor must have about hucked her guts having to sign onto a decision containing that affirmation.
No. You see, it's only 'limited' in the same way that the copyright term is for a "limited" time. In other words, the 'limits' are whatever the hell the government wants them to be.