[Arkinsaw]

I love Justice Scalia dearly. He is my favorite justice. But from time to time he lets his law and order gene overrule his liberty gene as some conservatives are wont to do, in particular his stance on property seizures. I don't think the wife whose car was seized because her husband solicited a prostitute in it received good justice.

Check my profile page for links to Scalia's magnificent opinions. If you've never really read any Scalia opinions I urge you to do so. They are masterpieces.

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[The Shootist]

IOW, what part of "shall not be infringed" do they NOT understand.

[Az Joe]

I agree with S C Justice Goldberg who said the following:

"THE BILL OF RIGHTS IS NOT A SUICIDE PACT"

The Bill of Rights is not a Suicide Pact - Kennedy v. Mendoza-Martinez, 372 U.S. 144 (1963)

[Az Joe]

From the case I cited above.

"We deal with the contending constitutional arguments in the context of certain basic and sometimes conflicting principles. Citizenship is a most precious right. It is expressly guaranteed by the Fourteenth Amendment to the Constitution, which speaks in the most positive terms. The Constitution is silent about the permissibility of involuntary forfeiture of citizenship rights. While it confirms citizenship rights, plainly there are imperative obligations of citizenship, performance of which Congress in the exercise of its powers may constitutionally exact. One of the most important of these is to serve the country in time of war and national emergency.

The powers of Congress to require military service for the common defense are broad and far-reaching,

---

for while the Constitution protects against invasions of individual rights, it is not a suicide pact.

---

Similarly, Congress has broad power under the Necessary and Proper Clause to enact legislation for the regulation of foreign affairs. Latitude in this area is necessary to ensure effectuation of this indispensable function of government."

[truth_seeker]

Taking the SC approval during WWII, for the Draft, and for Internment--

How would one argue against such measures, if failure to do both would GREATLY imperil National Security?

That was precisely the issue, then, and the basis for the approval.

Most Americans don't even know that Germans and Italians were also interned.

Likewise, few Americans know that Japan shelled our West Coast in California and Oregon, and that they launched thousands of baloons with explosives. These came to North America.

Then we have the Germans who tried to come ashore from a submarine (one or more a citizen).

We now have subversives, including our own citizens, operating in "sleeper cells."

I feel safer under Scalia's interpretations, than with the ideologically pure "interpretations."

The Constitution is Not a Suicide Pact.

[Wolfie]

The Constitution "just sets minimums" alright - on Government. It doesn't give us our rights, they are already there.

[HapaxLegamenon]

Rights cannot be absolute, for the are not ends in themsleves. Any good lawyer knows that Law, Justice, and Right are link in their orgin as denoted by the latin "ius"