[GraniteStateConservative]

Scalia would allow masturbation to be made illegal, too.

In fact, he can't think of many outrageous laws the states could come up with that he'd rule unconstitutional-- turning us into a banana republic. Presumably, Scalia also thought the Constitution needed the 13th Amendment to outlaw slavery. He'd probably have sided with Taney and not Justice Curtis or McLean in Dred Scott v. Sandford. How the Party of Lincoln could be proud of that, I'm not sure.

We'll just add about a million amendments to the Constitution outlawing all the stupid things states may try to outlaw or force upon its citizens.

"You have been found guilty of having not thrown salt over your shoulder after having a black cat cross your path. Off to prison with you!"

How can anyone here at FR applaud this crap?

[The Red Zone]

Scalia would allow masturbation to be made illegal, too

IIRC at one time it was. ("That unnatural act" or similar terminology.) But Scalia would not REQUIRE it to be.

Scalia's view of the Constitution is similar to mine: a covenant among We the People that was struck to mean certain specific things, and once struck it should be held to what it was understood to mean at the time it was struck, not viewed through some kaleidoscopic funhouse mirror lens that changes all the time. It can certainly be amended, but please, none of this "living Constitution" crap. I could only wish. We could well do without the cancerous commerce clause which represents better than half of the control the Fedguv now wields over our personal lives.

[Antoninus]

In fact, he can't think of many outrageous laws the states could come up with that he'd rule unconstitutional-- turning us into a banana republic.

Yeah, Scalia and that tyrant Thomas Jefferson who had the unmittigated GALL to sign a bill into law punishing sodomy with castration. It's a good thing we've moved beyond what our idiot Founding Fathers had in mind...