4/28/2008

Scalia's interview with 60 mintues

Entertaining as always. Still this is more on personalities and less on issues than I would have liked. As to the parts that did discussion originalism ("people who ratified it over 200 years ago"), I thought that Scalia could have been clearer. I understood what he meant went he said that it wouldn't be a constitution if you allowed the majorities' sensibilities to determine what things mean, but I would have said something like this: The point of a constitution is to protect minority rights, if you let the majority determine whatever the living constitution means, it won't provide minorities any protection.




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2 Comments:

Anonymous Brent Busch said...

Thanks for posting these, I didn't get a chance to see the interview when it aired. That was a very interesting look inside the mind of one of the most interesting people in goverment.

4/29/2008 5:47 PM  
Anonymous Anonymous said...

Scalia is an interesting guy, and perhaps he is brilliant.

And, I'm a fan of originalism (particulalry as a gun owner).

But, see what Radley Balko (www.theagitator.com) has to say about Scalia's "new professionalism" of the police force as we see the increasingly warlike mentality of the police.

Radley details (as does David Codrea at http://waronguns.blogspot.com/) the epidemic of bad police behavior while becoming more and more militaristic.

Radley details the decisions which Scalia helped craft that have made it more possible for the police to badly abuse their authority and reduce their liklihood of having evidence thrown out (which was really the only thing which somewhat protected the people from un-warranted searches - because the police didn't want to lose their case).

I for one am a little worried at what I see are drastic reversals of the right to be free of un-lawful searches and intrusions on privacy. I hope Scalia and the Court reverse that trend soon.

4/29/2008 7:58 PM  

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