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To: OneWingedShark; Jim Robinson
Objection! Scalia is not an originalist; no originalist would say that it is ‘Foolish’ to have the supreme court decide if NSA wiretapping is unconstitutional.

Scalia is most definitely an originalist. The totality of his opinions support that description.

By the way, you've taken Scalia's comment completely out of context. Here is the context of what he said.

“The institution that will decide that is the institution least qualified to decide it. We know nothing about the degree of the risk. The executive knows. The Congress knows. We don’t know anything, and we’re going to be the one to decide that question?
When Kalb asked if data collected qualifies as "effects" under the 4th Amendment, Scalia said, "I think so."

Historically, Scalia has said - and I'm paraphrasing - that Congress should make clear the intent of its legislation so the Supreme Court can interpret whether or not the law is constitutional instead of what the court thinks Congress intended.

Congress had a duty to explicitly state that the NSA shall not collect the "effects" of American citizens without a proper warrant. When expanding the power of the Executive branch, Congress should do so narrowly. Unspecified scope always leads to broad interpetations.

61 posted on 04/20/2014 3:55:33 AM PDT by BuckeyeTexan (There are those that break and bend. I'm the other kind. ~Steve Earle)
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To: BuckeyeTexan
Good job on ignoring the second portion: his support of the War on Drugs to the point he concurred with considering non-commerce regulatable under the interstate commerce clause.
63 posted on 04/20/2014 11:19:01 AM PDT by OneWingedShark (Q: Why am I here? A: To do Justly, to love mercy, and to walk humbly with my God.)
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