Never really left. - Surprisingly my tpaine name was reinstated a few months ago after a year in the penalty box.
this barnett guy is pretty interesting. i just got done reading this one: -- Scalia's Infidelity: A Critique of Faint-Hearted Originalism
. He references Scalia's dismissive approach to the the 9th amendment ---
Scalia is getting a lot of heat lately from ~all~ quarters, -- because of his contradictory views on individual liberties. -- I doubt seriously that the man would support 'incorporating' the 2nd.
That's useful information. I probably would have assumed it was gone for good. I've never had more than a few days in the box, but now I know, worst case, even a year later it's worth a looksee.
If you haven't read the Barnett critique of Scalia, it's worth a read. He uses a few too many words to make his points, and you're probably aware of them, but it's a decent outline of some perhaps not widely known aspects of Scalia's jurisprudence. Especially the idea that if something in the Constitution doesn't present a clear rule, he sort of punts on it. Hence, he views the 9th amendment basically as useless to a judge. Hence, it's left to the Congress. Hence, the inmates run the asylum.