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To: jlogajan
By definition, their interpretation is correct, as the Constitution grants them that authority.

You keep repeating that falsehood after the error has been pointed out to you. You need to start backing this up. Not even the supreme court itself states that its interpretations are correct "by definition".

242 posted on 06/29/2003 8:02:19 AM PDT by inquest
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To: inquest
You keep repeating that falsehood after the error has been pointed out to you. You need to start backing this up. Not even the supreme court itself states that its interpretations are correct "by definition".

Try violating a decision of the Supreme Court, see what happens, and then tell me again their definitions carry no weight.

243 posted on 06/29/2003 8:10:59 AM PDT by jlogajan
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To: inquest
I would like you to define due process and equal protection for me though. I think that is why we get conflicting rulings from different courts.

Scalia believes basically, that he needs to psychically transport himself back to 1781 and figure out what the framers would think of a due process issue. He would oppose the end of slavery, and women's suffrage on the grounds that the framers opposed it. He would oppose homosexual rights because the framers opposed it. Basically, it is a sound position, but it is not a universal one.

Others believe that trying to divine how James Madison believed about internet porn in libraries is ridiculous because there are several angles legally culturally that the founders didn't have to come to grip with 200 years ago.

One can agree with either position without accusing the other side of bad faith. I think there is a subtle difference between Thomas' views and Scalia's views. Thomas wants to limit the constitution to it's bare bones, but Scalia is more into the philosophy of the framers. They came to the same decision, but for different reasons. They often rule the same, but not due to exacting philosophies.

Both Scalia and Thomas would have voted for Dred Scott. Scalia would have argued that the framers didn't believe Slaves were equal to whites therefore they weren't. Thomas would have said that the document didn't protect blacks, even though it should, so with reluctance he had to render his verdict the way he did. I much prefer Thomas' outlook than Scalias. Any prejudice of the framers, Scalia takes as his beacon of truth. Thomas looks at the document, and reads it on it's face, without prejudice.

If the framers said for example, all people who are born here are citizens, but later in non binding letters said that what they really meant was those who were born of citizen parents. Scalia would give that more weight than Thomas would, because that isn't what the document says.

It is a subtle difference, but i think it is powerful.

247 posted on 06/29/2003 8:25:56 AM PDT by dogbyte12
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